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(영문) 청주지방법원 2019.06.27 2016가단102795
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 30, 2015, C Co., Ltd. (hereinafter “debtor”) leased to the Defendant the 2 and 3rd floor of D ground buildings (hereinafter “instant building”) located in Cheongju-si (hereinafter “instant building”) from May 1, 2015 to April 30, 2018 during the period from May 1, 2015 to April 30, 2018, the rent of KRW 30,000 (the rent for May 2015 shall be exempted and the rent for rent shall be paid on the 10th day of the following month).

(hereinafter “instant lease agreement”). B.

On June 1, 2015, the debtor company contracted to the plaintiff 132,00,000 won for monitoring service program development services for solar power generation facilities.

C. On June 24, 2015, E received a seizure and collection order (hereinafter “the seizure collection order of this case”) regarding the amount of the rent claims until the time of the seizure and collection order (the execution order of KRW 200,526,900 (the partial lease principal amount of KRW 200,000,000, KRW 526,900) out of the rent claims, including the rent that the debtor company may incur in the future against the defendant under the instant lease agreement, based on the original copy of the monetary loan agreement, No. 143, 2015, which was executed by a notary public with respect to the debtor company’s “loan” claim against the debtor company, as of June 24, 2015.

On June 29, 2015, the instant seizure and collection order was served on the Defendant.

On January 20, 2016, the debtor company promised that the plaintiff shall pay 132,00,000,000 won of the service specified in the Paragraph (b) to the plaintiff by January 26, 2016, and if the debtor company fails to comply with it, the notary public prepared a notarized deed of debt repayment No. 48 (Quasi-Loan for Consumption) of the 2016 G Law Firm No. 2016.

E. On February 24, 2016, the debtor company entered into a contract with the Plaintiff to transfer KRW 132,00,000 among the unpaid rent claims that the debtor company had against the defendant under the instant lease agreement, to the Plaintiff.

(hereinafter “instant contract for assignment of claims”). A debtor company completed the notification of the instant transfer of claims to the Defendant around February 26, 2016.

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