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(영문) 인천지방법원 2018.04.19 2017가단30353
부인결정이의
Text

1. The plaintiff's claim is dismissed.

2. Claim for denial between the Plaintiff and the Defendant of the Incheon District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the aim of selling petrochemicals, etc., and the bankruptcy debtor A (hereinafter “bankruptcy debtor”) is a person who engaged in the manufacturing business, such as plastic withdrawal type, with the trade name “C” from February 1, 2011, and filed a report on the closure of business on October 12, 2016.

B. On October 4, 2016, the bankrupt debtor transferred each of his/her claims to the Plaintiff at the time of transactional relationship as indicated in the separate sheet, and on October 5, 2016, notified the obligor of each of the claims listed in the separate sheet of the assignment of claims.

(hereinafter “instant assignment of claims”) C.

On October 27, 2016, the bankrupt debtor filed a petition for bankruptcy and immunity with the Incheon District Court Decision 2016Hadan5252, 2016Ma5248 on October 27, 2016. On January 19, 2017, the above court appointed the defendant as the bankruptcy trustee upon making a bankruptcy decision with respect to the bankrupt debtor.

On April 18, 2017, the defendant was against the plaintiff as Incheon District Court 2017No79.

On April 24, 2017, the claim for denial was filed with respect to the assignment of claims as stated in the claim, and the claim for denial was filed with the Plaintiff.

E. On August 1, 2017, the above court rendered the instant decision that “the Plaintiff shall notify the effect that the assignment of each of the instant claims was denied, and thus becomes invalidated.”

F. On August 2, 2017, the Plaintiff received the instant decision and filed a lawsuit of objection on August 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. (1) On March 8, 2013, the gist of the Plaintiff’s assertion is that, between the debtor and the debtor of the bankruptcy, the debtor of the bankruptcy will transfer his/her claim for the price of goods to the debtor, including the former technology corporation, to the debtor, including the former technology corporation, in order to guarantee the debtor’s current and future obligation for the price of goods.

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