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1. The Defendant shall pay to the Plaintiff KRW 446,061,528 and the interest rate of KRW 15% per annum from February 6, 2018 to the date of full payment.
Reasons
Facts of recognition
The Plaintiff is a company selling copper (electricly operated) that is used in the production of electric wires, and the C Co., Ltd. (hereinafter “C Co., Ltd.”) purchased copper (electricly operated) from the Plaintiff and processed it, and supplied it to the Defendant.
The defendant is a company that purchases copper (electricly operated) processed through the crym heritage business and manufactures and sells electric wires.
On November 6, 2017, in order to secure the Plaintiff’s claim for the purchase price of goods, the Plaintiff entered into an agreement on the transfer of claims for the products supplied to the Defendant in November 2017 and December 2017 (hereinafter “instant contract on the transfer of claims”) with each of the following contents (hereinafter “instant contract on the transfer of claims”). The Defendant, the obligor of the instant contract on the transfer of claims, consented to the said transfer of claims with a certified fixed date with respect to the Plaintiff, the assignee of claims.
Article 1 [Duty to Notify Transfer of Claim] The C&T industry shall obtain the consent of the defendant with a certificate with a fixed date on the assignment of claim of this case.
Article 3 [Duty to Notify] Cock industry shall notify the Plaintiff of the amount of sales claim when the sales claim of transfer is finalized.
Article 4 (Method of Determining Claims for Future) The amount of claims to be transferred shall be the amount of transfer of the amount specified in the tax invoice issued by the weather industry to the defendant.
Article 5 [Withdrawal of Transfer Claim] (1) If the amount of claims that the Plaintiff is entitled to receive from the Defendant is more than the amount of claims that the Plaintiff is entitled to receive from the Defendant, the Plaintiff shall decide to withdraw the transfer of the excess amount with a certified fixed date document against the Defendant.
Provided, That where there is a reason to lose the benefit of time, such as dishonor, to the seed industry, the transfer shall be withdrawn only if it exceeds the extent of the balance of the Plaintiff's sales claim.
② Notwithstanding the agreement under paragraph (1) above, the Plaintiff.