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(영문) 서울남부지방법원 2018.02.08 2017나3203
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties or as a whole in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, 6, and 7.

On November 30, 2014, 2010, Scongsan Co., Ltd. (hereinafter referred to as "Scongsan"), supplied the Defendant with goods equivalent to KRW 5,528,160.

B. On December 1, 2014, the Plaintiff was transferred the instant claim for the purchase-price of goods (hereinafter “instant claim”) held against the Defendant, which had been located in Masan War.

C. On December 1, 2014, Masan notified the Defendant of the assignment of the instant claim by content-certified mail with a fixed date, and the said notification reached the Defendant around that time.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay KRW 5,528,160 to the plaintiff, the transferee of the claim of this case, as well as damages for delay.

B. The Defendant’s assertion 1) The Defendant’s provisional attachment of the instant claim against EP Co., Ltd. was made, and the Plaintiff asserted that the Defendant could not seek payment of the instant claim against the Defendant. As such, the Plaintiff, as the Plaintiff asserted that the Defendant could not seek payment of the instant claim. In full view of the overall purport of the pleadings in the evidence No. 1, the Defendant’s assertion is the EP Co., Ltd

A. On December 10, 2014, the Suwon District Court rendered a provisional seizure order on a part of the claims against the Defendant, etc., by filing an application for provisional seizure of a part of the claims against the Defendant, etc., with the Sungsan District Court rendered a provisional seizure order on a claim on December 10, 2014, and thereafter, delivered the provisional seizure order on the above claims to the Defendant.

However, if the transferor satisfies the requirements for setting up against the transfer of claims by a notification with a fixed date, etc., the transferor's subsequent provisional seizure shall also be made at the time of the provisional seizure, even if the transferor's other creditors have transferred the claims.

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