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(영문) 전주지방법원군산지원 2020.01.17 2018가단50541
양수금
Text

1. The part of the claim for confirmation of rehabilitation claims and voting rights as to damages for delay of KRW 200,000 among the lawsuit in this case.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Nonparty D Co., Ltd.) The Plaintiff is the Plaintiff, March 1, 2017, as Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).

(2) On March 16, 2017, the non-party company entered into a contract for the supply of goods with the non-party company, and supplied the non-party company with the goods equivalent to KRW 250,000,000,000.) On August 17, 2017, the non-party company entered into a notarial deed of debt payment (quasi-loan for consumption) with the content that the non-party company will pay the Plaintiff the amount of KRW 250,000,000 to the Plaintiff by August 17, 2017.

B. A contract between the non-party company and the defendant entered into a contract for the manufacture and supply of facilities to receive the production and supply of facilities, such as the exhaustion, storage, etc. of structures to store fuels used at a power plant as follows (hereinafter collectively referred to as “instant facility production contract,” and where each contract is individually specified, it shall be specified in the order of Table 1). The non-party company produced and supplied facilities, etc. to the defendant accordingly.

F. F.814,00,000 won around May 27, 2017, around G.42,600,000 won around G.842,60,000 around July 2017, 2017, KRW 400 KRW 137,50,000 around August 20, 2017, around October 27, 2017.

C. The non-party company entered into an assignment contract between the Plaintiff and the non-party company transferred part of the claim for facility costs of this case to the Defendant as follows, and notified the Defendant thereof.

On September 1, 2017, 200,000 won from September 28, 2013, 2013, Sept. 28, 2017, 2017, the amount of claims transferred on the date of assignment of claims, the amount of claims transferred, the amount of claims transferred, and the amount of claims transferred, shall be notified.

(1) On October 1, 2018, the Defendant filed an application for rehabilitation proceedings with the Seoul Rehabilitation Court 2018 Ma100208, which was pending in the instant lawsuit, and received the decision on commencement of rehabilitation proceedings on October 15, 2018, and C, the representative director of the Defendant, was deemed a custodian. (2) On December 17, 2018, the Plaintiff was deemed a rehabilitation claim.

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