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(영문) 춘천지방법원원주지원 2016.01.28 2015가단6103
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. Sampling Co., Ltd. has supplied drugs to the Defendant, and as of July 8, 2015, Sampling Co., Ltd. currently holds the outstanding amount of KRW 126,702,536 against the Defendant (hereinafter “the outstanding amount”).

B. On July 13, 2015, a Sung Pamp Co., Ltd. transferred the instant outstanding claim to the Plaintiff. On July 17, 2015, the Defendant notified the Defendant of the assignment of the claim by means of a content certification with a fixed date, and the said notification reached the Defendant on July 20, 2015.

C. Therefore, the Defendant shall pay to the Plaintiff the outstanding amount receivable KRW 126,702,536 according to the assignment of the claim, and the delay damages therefor.

2. According to the reasoning of the evidence Nos. 1 and 2, it is recognized that the Sung Pamp Co., Ltd. transferred the outstanding claim against the Defendant to the Plaintiff on July 13, 2015, and that the notice of assignment of the credit with the fixed date reaches the Defendant on July 20, 2015, and that the claim transferred to the Plaintiff by Sung Pamp Co., Ltd. was 126,702,536.

However, on the other hand, the defendant's seizure of the claim against the defendant in Sung Pamp Co., Ltd. (Sacheon District Court's original branch 2015TTTT2368, claimed amount 41,712,30 won, July 17, 2015), the plaintiff's assignment of the claim, the seizure of the claim against the new PPP Co., Ltd. (Sacheon District Court's original branch 2015da120, 53, 2000, 53, 41,712, 330 won, and 17, 2015), the claim provisional seizure (Sacheon District Court's original branch 2015da1120, 53,000, 14, 2015) against each of the claims deposited with the court under Article 248 (1) 248 of the Civil Execution Act (SaP District Court 2013, 2015).

Therefore, since 120,30,928 won was repaid upon the above deposit, the part corresponding to the above 120,330,928 won among the plaintiff's claims is groundless.

Furthermore, the amount of the plaintiff's claim and its status.

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