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(영문) 수원지방법원성남지원 2015.02.12 2014가합4879
채권부존재확인
Text

1. Samsung Engineering Co., Ltd. deposited by the Seoul Central District Court No. 25999 on December 13, 2013, 850,003.

Reasons

1. Basic facts

A. The Plaintiff supplied the electric equipment and appliances to the construction site that it was constructed under the construction contract between the Samsung Engineering Co., Ltd. (hereinafter “SSA”) and the Samsung Engineering Co., Ltd. (hereinafter “SA”).

B. On November 28, 2013, E.S. notified the Plaintiff of the transfer of KRW 409,466,750 among the claim for construction price against Samsung Engineering by E.S., to Samsung Engineering. The said notification reached the Samsung Engineering on November 29, 2013.

C. Meanwhile, on May 2, 2013, E.S. issued a promissory note with the Defendant at its face value of KRW 1,00,000,000, and the due date of payment on June 10, 2013, and a notary public prepared and issued a promissory note No. 113 to the effect that the notary public recognizes compulsory execution on June 10, 2013. On November 22, 2013, the Defendant was issued an order to attach and wholly issue a claim of KRW 1,00,000 among the construction price claims against Samsung Engineering of E.S. based on the authentic copy of the promissory note No. 2013 T. 15404 on November 26, 2013, and the said order became final and conclusive on November 26, 2013.

With respect to the Plaintiff’s claim against Samsung Engineering Co., Ltd., the following assignment of claims, seizure of claims, etc. were made.

On September 2, 2013, in the letter of the decision to issue the notice of assignment of claims on September 2, 2013, 1, the provisional seizure of claims by the debtor (transferee) 1, the Gwangju Special Metropolitan City District Court 2013Kadan5311 C, 44,682,360, Sep. 2, 2013, 2013, Defendant 2013, 350, 2013, 450,000 in the letter of decision to issue the notice of assignment of claims and assignment of claims, Defendant 15404, 2013, 200,000, 1,000,000 in the Suwon-nam Branch District Court 4, Nov. 26, 2013, 2013, 2013, 2013, 90,641, 756, 2016, 1636.

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