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(영문) 수원지방법원성남지원 2017.09.19 2016가합206242
추심금
Text

1. The part of the creditor subrogation claim against Defendant B Co., Ltd. is dismissed.

2. Defendant A.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company aimed at providing advice on, development, and supply of software and hardware; D Co., Ltd. (hereinafter “former D”) is a company established on March 10, 2006 for the purpose of restaurant business, software consulting, development, and supply business; and E Co., Ltd (hereinafter “New E”) is a company established on November 26, 2013 for the purpose of software consulting, development, and supply business.

Defendant A is the mother of F who was the actual operator of C’s representative director, C, Gu D, and New E.

B. The Plaintiff concluded a G maintenance and repair service contract with C on July 11, 2011 and January 4, 2012, and provided maintenance and repair services. However, the Plaintiff did not receive KRW 167,346,268 in total from January 1, 2012 to July 31, 2012.

Accordingly, on September 3, 2012, the Plaintiff filed a payment order with Suwon District Court (Seoul District Court Branch Branch 2012 tea7848) to seek payment of the above service costs. On September 4, 2012, the Plaintiff received a payment order from the above court that “C shall pay to the Plaintiff KRW 167,346,268, and delay damages therefor,” and the said payment order was finalized on September 22, 2012.

C. On April 18, 2013, C entered into a copyright transfer agreement with the former D on the condition that 13 copies of copyright on computer programs related to the maintenance and repair of the Internet security equipment are paid as royalties, 10 million won, and 5% amount of net profit of sales every month.

C on May 9, 2013, 13 copyright of the aforementioned computer program was transferred to the Gu D on the ground of copyright transfer, and C transferred the status of the maintenance and repair contract for the products sold by C to the Gu D.

On July 30, 2013, the Plaintiff seized the amount of money up to KRW 196,359,00,00 among the goods payment claims and service charges claims and service charges claims owned by Suwon District Court Branch Branch 2013 other bond 989, which C had against Gu D based on the original copy of the above payment order.

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