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(영문) 대전지방법원 천안지원 2018.10.17 2017가단10943
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a person engaged in the processing and sale of steel plates, etc. for construction in the trade name of E. 2) The F Co., Ltd. (hereinafter “Nonindicted Company”) is a company engaged in steel-frame manufacturing business.

3) The Defendant is a company that carries out steel materials construction business, steel structure manufacturing business, etc. B. On September 20, 2016, the Defendant entered into a supply contract between the Nonparty Company and the Defendant on the supply contract between the Nonparty Company and the Defendant, under which the Defendant carried out steel manufacturing business among G works undertaken by the Defendant and is paid construction expenses from the Defendant (hereinafter “instant construction contract”).

(c) The Plaintiff and the non-party company entered into a contract with the Plaintiff on October 31, 2016 to February 28, 2017. The Plaintiff supplied the non-party company five times a total of KRW 109,728,547, and received KRW 79,151,632 from the non-party company as the price for the goods. D. The assignment of claims by the non-party company 1) on May 1, 2017, the non-party company entered into a contract with the Plaintiff on the transfer of claims against the Defendant (hereinafter “instant transfer contract”) instead of paying the unpaid amount for the goods to the Plaintiff of the non-party company, and notified the Defendant of the transfer of claims on the same day, and the notification of the transfer of claims reaches the Defendant on May 2, 2017.

The plaintiff transferor: The non-party company's third debtor: the defendant

1. The transferor shall hold to the garnishee the following claims:

On September 20, 2017 between the transferor and the third party debtor, pursuant to a contract for the supply of steel-framed production between the transferor and the third party debtor on September 20, 2017, 38,146,270 won which the third party debtor pays to the transferor.

2. The transferor confirms that the claim mentioned in the above paragraph (1) does not contain any grounds (except the fact that the third party obligor has failed to perform his obligations) that he would oppose the transferor.

3. The transferor shall transfer the above paragraph 1 to the transferee, and the transferee shall take over the claim.

2. The transfer contract of this case was entered into.

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