(영문) 서울중앙지방법원 2019.04.03 2018나49255

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(영문) 서울중앙지방법원 2019.04.03 2018나49255

양도대금 청구 독촉사건

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff and the defendant shall agree on the transfer and takeover of bonds as follows, and this agreement shall be prepared to prove it:

C. Foods

1. The transferor and the transferee confirm that the transferor lawfully holds not only the claim amounting to KRW 200 million against the C Union (hereinafter “Union”) but also the complete effect of the claim.

2. The transferor shall transfer to the transferee the bonds under the above 1.1 (including all rights incidental to such bonds) under this agreement, and the price therefor shall be two hundred million won.

The payment of gold 200 million won shall be made in December 31, 2017 after the preparation of this Agreement.

3. The transferor shall notify the union of the fact of transfer or takeover of credit without delay; and

4.In accordance with this agreement, the transferor must provide all of the documents with the recognition of the claim in paragraph 1., and the transferor must actively cooperate in these procedures.

5. This agreement is based on the premise that the transferor holds a claim lawfully and effectively against the union. Therefore, if it is confirmed that the transferor goes against the premise conditions after the vehicle, the transferee may take civil and criminal measures against the transferor.

The cancellation of this Agreement does not affect the adoption of civil or criminal legal measures.

6.This Agreement shall enter into force simultaneously with the signature and seal of the Parties.

The following content of the agreement between the Plaintiff and the Defendant (hereinafter referred to as “agreement on the transfer and takeover of bonds of this case”) is not disputed between the parties, or may be acknowledged by considering the overall purport of the pleadings in the evidence No. 3.

2. Determination on the cause of the claim and the allegations of the parties

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay 200 million won of the assignment of claims and damages for delay according to the agreement on the transfer of claims in this case.

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