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(영문) 청주지방법원 2016.06.15 2016가단102429
양수금
Text

1. The Plaintiff, Defendant C&C Co., Ltd.: KRW 3,720,717; and Defendant J&C Co., Ltd.: KRW 4,136,96.

Reasons

1. The Defendants indicated in the claim are the companies that bear the obligation to pay for the goods against the non-party Ilsung Electric Co., Ltd. (hereinafter referred to as "Dasung Electric Co., Ltd."), and the Plaintiff is the companies that received the claim against the Defendants in Ilsung Electric Co., Ltd. from the above Ilsung Electric Co., Ltd.

Ilsung Electric Power has entered into a contract for the supply of materials, such as electric wires and cables, and has been engaged in the supply transaction with the Defendants.

On August 19, 2015, Ilsung Electric Co., Ltd. transferred to the Plaintiff the claim for the price of the goods against the Defendants in order to guarantee the Plaintiff’s obligation for the credit sales against the Plaintiff. The transferred claim is based on the sales claim in the list of sales claims and the sales claim at the time of notification of the transfer. The amount in the list of sales claims in Table 1 attached hereto, which is the sales claim in the list of sales claims against the Defendants, should be able to change according to the sale and acceptance status of Ilsung Electric Co., Ltd. and eventually, the claim for the price of goods transferred to the Plaintiff from the time when the contract existed to the time of notification of the transfer.

Pursuant to the list of sales claims in S.C. 28,967,40 won C. C. 60,225,000 won C. S. C. 8,287,730 won, the Plaintiff delayed the performance of his/her obligations to the Plaintiff by being delegated with the authority to notify the transfer from G.S. electric power pursuant to paragraphs (3) and (4) of the above transfer contract and notified the Defendants of the transfer of the said claim on December 2, 2015, and the notification was reached to each of the Defendants around December 3, 2015.

At the time of the notification of the above transfer, Ilsung Electric Co., Ltd.: KRW 3,720,717; KRW 4,136,96; KRW 16,94; KRW 16,982,294; and KRW 20,458,823.

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