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(영문) 의정부지방법원고양지원 2017.05.26 2017가단1274
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,393,150 and interest rate of KRW 15% per annum from January 18, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 5, 2015, the Plaintiff filed an application for provisional seizure of claims against the Defendant by Kbel Co., Ltd. (hereinafter referred to as “Kbel”), with respect to the claim for the payment of goods against the Defendant, with the District Court, 2015Kadan101430, and the decision was served on the Defendant on November 5, 2015.

B. On February 5, 2016, the Plaintiff filed a loan lawsuit against the Kbee District Court Goyang Branch 2015Kadan91525, which was rendered a favorable judgment.

C. On March 28, 2016, the Plaintiff filed an application for a seizure and collection order (amounting to 31,393,150 won) against the claim against the Defendant of the Kbee, with the title of execution, for the judgment under paragraph (b) of this Article, which became final and conclusive to the Defendant.

The defendant's trade name was Kenya Co., Ltd., but the trade name was changed on May 2, 2016.

[Reasons for Recognition: Facts without dispute, entry in Gap evidence 123, purport of the whole pleadings]

2. Assertion and determination

A. As to the Plaintiff’s claim for collection, the Defendant asserts that the Defendant’s claim for collection of the claim is null and void, on October 12, 2015, the Defendant agreed to transfer the claim amounting to KRW 121,980,000 against the Defendant of the Defendant of the Defendant of the Defendant of the Defendant of the Defendant of the Defendant of the Berne, Inc., for the transfer of the claim amount to the Asung Trade Co., Ltd., Ltd., and that the instant claim attachment and collection order became final and conclusive

B. In order for the obligor to oppose a third party by the notification or consent of the transfer of the claim, a certificate with a fixed date must be used.

However, since the defendant fails to submit a certificate with a fixed date as evidence, it is difficult to conclude that the actual date of the No. 1 of the No. 1 (written agreement for the transfer and takeover of bonds) is unclear, and it was prepared before November 5, 2015, which is the date when the plaintiff's provisional attachment of bonds

Therefore, the Defendant consented to the assignment of claims.

The collection shall not be refused to the plaintiff on the ground that it is a creditor of Asung Trade Co., Ltd.

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