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(영문) 수원지방법원 안산지원 2018.05.24 2017가합5096
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the petroleum sales business, etc. The Defendant is a company that runs the construction business, etc., and B Co., Ltd. (hereinafter “B”) is a company that runs the road packing, soil construction, mid-term leasing business, etc.

B. On June 26, 2013, the Plaintiff and B agreed to transfer to the Plaintiff the claim for compensation, deposit, construction cost, etc. that the Plaintiff would receive to the third party obligor in the event that the Plaintiff did not pay the oil price in order to secure the Plaintiff’s claim for oil payment or the occurrence of circumstances, such as the default of bills issued by B, etc., upon entering into a contract for continuous supply of oil to B (hereinafter “instant oil supply contract”).

On the same day, the Plaintiff and B prepared a bond transfer contract with the purport that the Plaintiff may notify the creditors of the assignment of claims on behalf of the obligee in the event that the Plaintiff fails to pay the Plaintiff oil price to secure the Plaintiff’s oil price claim under the oil supply contract of this case, and that the claim is deemed to have been transferred at the time when the transfer notice was prepared and sent.

B Pursuant to the above agreement, B issued to the Plaintiff a notice of assignment of claims in the name of B by setting the debtor's column and the date of dispatch as the official column.

C. Under the instant oil supply contract, the Plaintiff supplied oil to B by January 30, 2015, and was not paid KRW 947,268,488 of the oil price supplied as above.

On April 3, 2012, the Defendant subcontracted to the Korea Highway Corporation (hereinafter “instant civil engineering works”), among C works contracted by the Korea Highway Corporation (section 3), the soil and structures construction works (hereinafter “the instant civil engineering works”), and to the ice packaging works (hereinafter “instant packing works”) among C works contracted by the Korea Highway Corporation (section 3) on December 24, 2013.

After that, the defendant and B are the civil works of this case on January 15, 2014.

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