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(영문) 의정부지방법원 2019.06.28 2018가합54750
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against Defendant B entered into a credit guarantee agreement with Defendant B on February 17, 2009, and Defendant B obtained a loan from Defendant B in accordance with the above credit guarantee agreement. Upon the occurrence of the credit guarantee accident under Defendant B’s credit guarantee agreement, the Plaintiff paid the Defendant B’s obligation on behalf of the Plaintiff, and the Plaintiff has a claim for reimbursement (such as subrogated payment of KRW 183,351,846 and delayed payment, and expenses for preservation of the claim) against the Defendant B, etc., and was rendered a favorable judgment on November 21, 2013 by filing a lawsuit against the Defendant B, etc. as Seoul Central District Court Decision 2013Ga510857.

B. Defendant C’s instant claim provisional attachment and transfer 1) Defendant C is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on November 6, 2012.

(1) A claim for the purchase price of goods (hereinafter “instant claim”)

(2) On November 9, 2012, the provisional attachment order was issued against KRW 200,459,670, and the provisional attachment order was served to Defendant A. Meanwhile, on February 7, 2013, the Defendant C applied for the cancellation of the provisional attachment. On February 18, 2013, the notice of cancellation was served to Defendant A. 2. The Defendant C applied for the payment order against the Defendant on the basis of the claim for goods, such as clothes, (J) on the basis of the claim for goods, such as clothing, etc., the payment order was finalized on December 8, 2012, and the Defendant C again received the provisional attachment order and the collection order was served on December 24, 2012 (C).

3) On December 24, 2012, Defendant B transferred the instant claim to Defendant C on December 24, 2012 (hereinafter “instant assignment contract”).

(C) On the same day, the notice of assignment of the above assignment to Defendant A was sent by content-certified mail, and the above content-certified mail reached around that time. C. The Plaintiff against the Defendant B.

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