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(영문) 수원지방법원 2020.02.06 2019가단15423
양수금
Text

1. The Defendant’s KRW 31,549,756 as well as the Plaintiff’s annual rate from May 18, 2017 to February 6, 2020, and the following.

Reasons

1. Facts of recognition;

A. On April 10, 2019, D Co., Ltd. (hereinafter “D”) entered into a claim transfer agreement (hereinafter “instant claim transfer agreement”) with the Plaintiff and D to transfer KRW 47,623,00,00 of the purchase-price claim against the Defendant to the Plaintiff.

B. On May 17, 2019, the Plaintiff was delegated with the authority to notify the assignment of claims by D, and issued a notice of assignment of claims to the Defendant with a certificate with a fixed date (hereinafter “instant notice of assignment of claims”), and the said notice was delivered to the Defendant.

C. On March 25, 2019, the Defendant Intervenor C (hereinafter “Supplementary Attachment”) received a decision on the provisional seizure of claim amounting to KRW 14,909,244 (hereinafter “instant provisional seizure order”) among the claim for the amount of goods sold by D against the Defendant as the District Government Branch Branch Branch Branch Decision 2019Kadan158, 2019, and the said decision was served on the Defendant on March 27, 2019.

In addition, on August 14, 2019, the supplementary intervenor transferred the provisional seizure of KRW 14,909,244 to the original seizure by the Jung-gu District Court 2019TTTTT 2019, 9650, and the provisional seizure of KRW 600,454, which is the remainder of KRW 600,454, was decided to obtain the seizure and collection order, and the above decision was served on the defendant on August 20, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion that D has against the Defendant is KRW 62,623,00, and the Plaintiff received KRW 47,623,00 among them. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 47,623,00 and the damages for delay thereof. 2) The Defendant’s claim for the amount of goods the Defendant asserted D against the Defendant is KRW 46,459,00.

The supplementary intervenor provisionally seizes KRW 14,909,244 among the supplementary intervenors, and the sum of the supplementary intervenor's transfer of KRW 47,623,00 exceeds the above claim for the amount of goods, and the provisional attachment decision of this case.

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