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(영문) 인천지방법원 2019.03.29 2017가합76 (1)
회생채권조사확정재판에 대한 이의
Text

1. It shall authorize the Incheon District Court to confirm the final claim inspection judgment 2016 Pertaining to December 14, 2016.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff’s credit sales claim 1) The Plaintiff is a corporation that is engaged in the dispatch business of workers, etc., and the debtor B Co., Ltd. (hereinafter “B”).

(2) On May 24, 2016, as seen below, a corporation engaged in the manufacturing and selling of electronic equipment and electronic parts, the rehabilitation procedure began on May 24, 2016 by Incheon District Court 2016 Mahap9. 2) The Plaintiff supplied labor manpower to B from December 1, 2015 to April 30, 2016, and paid from B the total amount of KRW 21,40,987 on December 21, 2015, KRW 24,859,211 on January 20, 2016, KRW 22,734,561 on February 22, 2016, but the electronic bill was not settled due to B’s default; KRW 98,941 on April 6, 2016, KRW 5710 on December 30, 207, and the remainder of KRW 371,207 on credit sales was not paid directly to B.

B. The Plaintiff and Defendant Intervenor’s Intervenor’s B2B Factor loan agreement and assignment of claims are concluded 1) The Plaintiff and Defendant’s Intervenor provided credit sales claims in the form of transfer by the Plaintiff to the Defendant’s Intervenor, and the Defendant’s Intervenor took out a loan from the Defendant’s Intervenor. The Defendant’s Intervenor entered into a 2B factoring loan agreement with the effect that the amount equivalent to the credit sales claims was paid from B at the payment date of the above credit sales claims and is appropriated for the repayment of the loan obligations under the B2B factoring loan agreement. Furthermore, on September 17, 2015, the Plaintiff and the Defendant’s Intervenor entered into the credit transfer agreement with the Defendant’s assistant to transfer the Plaintiff’s credit sales claims to the Defendant’s assistant. 2) The Plaintiff concluded the credit transfer agreement with the Plaintiff’s credit sales claims to the Defendant’s assistant, 47,593,72 won in total (i.e.,, the credit sales claims 24,859,211 won, 201.

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