logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2019.02.20 2018가단2304
양수금
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 August 23, 2016, the Defendant against the Defendant of D (hereinafter “D”) requested D to produce gold in the amount of KRW 338,500,000,000,000,000,000,000 won.

However, D discontinued the production of gold, and D’s claim for progress payment under the above contract against D’s Defendant that occurred up to that time (hereinafter “instant claim for progress payment”) is KRW 190 million (209,077,000,000 where value-added tax is included).

B. The Plaintiff’s acquisition of the Plaintiff’s claim 1) was a corporation with the purpose of manufacturing and selling the special steel iron, and the Plaintiff had a attempted claim of KRW 110 million from January 2, 2015 to February 28, 2018 by supplying the steel processing to D. (2) The Plaintiff and D entered into a contract with D on March 13, 2018 on the transfer of the claim equivalent to KRW 110 million out of the payment for the completed portion of the instant bonds to the Plaintiff, and notified the Defendant of the transfer of the claim with the fixed date with the Defendant’s fixed date. The notification was sent to the Defendant on March 14, 2018.

C. The acquisition of other obligees' claims against D by transfer 1) and the non-party E Co., Ltd. (hereinafter "E").

(E), F, G, and H (hereinafter collectively referred to as “E and three others”).

(2) On March 8, 2018, D concluded a contract with D for a claim of KRW 110 million to E, KRW 71 million to F, KRW 65 million to H, and KRW 24 million to transfer the claim of KRW 24 million to H, respectively, and the Plaintiff claims the validity of the said contract for the assignment of claims.

On March 9, 2018, the notice was given to the defendant with the fixed date of assignment, and the notice was delivered to the defendant.

On the other hand, some of the obligees against D received the provisional attachment order on the claim for progress payment of this case, and the arrival point of that decision is later than the arrival point of the notification of assignment of claims by the non-party E and 3, or the plaintiff's notification of assignment of claims.

arrow