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(영문) 창원지방법원통영지원 2016.12.08 2016가합10885
공탁금출급청구권 확인 등
Text

1. The plaintiff's main claim is dismissed.

2.(a)

Attached list between the defendant and C. S. E.S. Energy.

Reasons

1. Facts of recognition;

A. On March 6, 2015, the Plaintiff entered into a credit transaction agreement with CS Energy Co., Ltd. with the following content, and loaned USD 900,000.

However, CSS Energy Co., Ltd. has failed to pay interest over several occasions, thereby losing the benefit of time. As of December 9, 2015, the balance of loans as of December 9, 2015 is KRW 271,932,199, and interest is KRW 5,869,264.

The Plaintiff filed an order with the Seoul Central District Court 2015 tea62597 to pay the principal and interest of the loan to CEE Energy Co., Ltd. on February 25, 2016, the Plaintiff received an order to pay 278,342,661 won (i.e., the principal of the loan at KRW 271,932,869,264) (i.e., the principal of the loan at KRW 4,869,264) and the provisional payment amount at KRW 541,19 as to KRW 271,932,199 from December 10, 2015 to the delivery date of the payment order at KRW 9.2% per annum from the following day to the payment date.

B. On July 3, 2015, CEE Energy Co., Ltd. entered into a contract with the Defendant for the transfer and takeover of claims with respect to KRW 189,173,978 of the amount of goods held by CEEE Energy Co., Ltd. to the South Eastdong Development Co., Ltd., and on July 24, 2015, the notice of the transfer of claims was served on July 27, 2015, and the said notice was served on the South-dong Development Co., Ltd. on the Republic of Korea.

(2) On July 29, 2015, the Defendant and the Defendant entered into a contract for the transfer and takeover of claims with respect to KRW 184,441,130 of the amount of goods held by CS Energy Co., Ltd. against the South East Eastern Development Co., Ltd., and on August 20, 2015, the Defendant notified the transfer of claims to the South East Eastern Development Co., Ltd. on August 20, 2015, and the said notification reached the South East East Development Co., Ltd. on August 21, 2015.

The term "the second assignment of claims" or "the second transfer of claims".

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