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(영문) 창원지방법원 마산지원 2021.01.27 2019가단100366
양수금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 110,396,023 as well as its annual interest from February 15, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On April 1, 2008, Co., Ltd. (hereinafter “Non-party C”) merged E Co., Ltd. (hereinafter “E”) and completed the merger registration on the same day.

B. On May 8, 2008, Nonparty C completed the registration of the establishment of the right to collateral security (hereinafter “registration of the right to collateral security”) of Defendant B Co., Ltd. (hereinafter “Defendant B”), Nonparty C, and the maximum amount of KRW 100 million with respect to the real estate listed in the attached list owned by F on May 8, 2008 (hereinafter “instant real estate”). (C)

On July 1, 2008, Nonparty C changed its trade name to G Co., Ltd. (hereinafter “G”), and completed the registration of change of trade name on July 3, 2008.

(d)

G on July 1, 2008, by dividing the business sector related to new and special products, G establishes Defendant C Co., Ltd. (hereinafter “Defendant C”), G completes the registration of division on July 3, 2008, and Defendant C completed the registration of establishment on July 4, 2008.

E. On January 29, 2016, Defendant C transferred to Defendant C’s claim for the purchase of goods amounting to KRW 110,396,023 against Defendant C (hereinafter “instant claim”) (hereinafter “instant contract for the transfer of claims”), and Defendant B consented thereto.

F. On July 1, 2016, the Plaintiff merged I and completed the merger registration on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 8, Eul evidence 3, Eul evidence 1 to 3, and Eul evidence 5 to 7, the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B shall pay to the Plaintiff (the Plaintiff’s merger of Plaintiff I, the assignee of the instant claim, as seen earlier) 110,396,023 won corresponding to the amount of the instant claim and its payment on the following day, clearly from February 15, 2019 to May 31, 2019, 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from February 15, 2019, and from the following day.

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