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(영문) 부산지방법원 2014.10.16 2014가단16421
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 31, 2012, the Rotterdam Co., Ltd. (hereinafter “UNFCCC”) concluded a basic contract for the manufacture and repair of vessel and marine protocol parts or parts, and subcontracted the manufacture of vessel parts to subcontractors including the Plaintiff, etc. to perform its contractual obligations (the price for the goods has been divided into three parts and received by three parts each month). Meanwhile, the Rotterdam received a loan from the Defendant for corporate purchase as of February 25, 2013, as of February 25, 2013, the sum of loans as of February 25, 2013 are KRW 4,19,957,265 (including the amount of existing loans).

B. However, on May 23, 2013, 201, the Rotterdam Co., Ltd., a creditor, filed an application for the withdrawal and cancellation of the execution of the provisional seizure of each of the instant claims against KRW 28,512,560 on June 11, 2013, with the Busan District Court 2013Kadan5435 (hereinafter “instant claim for the purchase of goods”). On June 7, 2013, the claim for the provisional seizure of the instant claim against KRW 28,512,560 among the claim for the purchase of goods of this case as the Busan District Court 2013Kadan5435 (hereinafter “instant claim for the purchase of goods”).

In the future, it is anticipated that provisional seizure of claims by creditors will continue in the future, and the defendant will transfer the entire claim for the price of the goods of this case to the defendant or offer funds necessary for future delivery. On June 17, 2013, the defendant entered into a contract for the assignment of claims ("the contract for the assignment of claims of this case") with the same contents as the above proposal with the defendant on June 17, 2013 with the acceptance of it, and on the same day, the letter of request for cooperation to the effect that the defendant consents to the above assignment of claims is changed by the defendant on the same day and day and day and May 2013, the letter of request for cooperation has been aggravated.

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