logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2014.06.18 2013가합7358
양수금
Text

1. The Plaintiff:

A. Defendant A shall be KRW 37,513,252 and a rate of 20% per annum from May 17, 2014 to the date of full payment.

Reasons

1. Following the facts of recognition are as follows: (i) it is apparent in the records between the Plaintiff and Defendant A Cancer Construction Co., Ltd. or deemed to have led to the confession thereof pursuant to Article 150 of the Civil Procedure Act; (ii) it may be acknowledged by taking account of the following: (i) it is evident in the records between the Plaintiff, Defendant A, and Sido Integrated Construction Co., Ltd.; (ii) evidence Nos. 2-1, 2, 8-2, 8-1, 9, 1, 1, and 2-2.

The non-party B Co., Ltd. (hereinafter “non-party B”) transferred each of the claims against the Defendants to the Plaintiff as indicated below (the list of claims assignment). The above assignment of claims was notified to the Defendants as indicated in the “date of notification of transfer” column of the same Table. The above assignment notice reached the Defendants around that time.

[Attachment Table of Transfer of Bonds] Defendant A, on November 27, 2012, Defendant A, on December 27, 2012, 2012, Defendant A, Inc., Defendant A, on November 27, 2012, on December 3, 2012, Defendant A, Inc., Ltd., Ltd., for the following reasons:

On the other hand, on December 21, 2012, the Plaintiff received a provisional attachment order on the claim against the Defendant of the non-party company as to the claim for the price of the goods (hereinafter “the claim for the goods in this case”) from the Suwon District Court Decision 2012Kadan4391 on December 21, 2012, and received a provisional attachment order on March 28, 2013, the above provisional attachment was transferred to the above support 2013TT 1638, and received a seizure and collection order on the claim for the goods in this case deposited by the Defendant A with the gold No. 814 on March 28, 2013, and received a dividend amount of KRW 61,167,942 on June 23, 2013 from the distribution procedure (hereinafter “relevant distribution procedure”).

2. Determination of the parties' arguments

A. According to the above facts of recognition as to the Plaintiff’s claim, barring any special circumstance, the Plaintiff, the assignee of the instant claim, and the Defendant A, the price of the instant goods.

arrow