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(영문) 대전지방법원천안지원 2017.04.19 2016가단111573
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff: (a) manufactured automobile parts and wholesale and retail business; and (b) the Defendant, each engaged in the automobile parts manufacturing business; and (c) ordered C Co., Ltd. (hereinafter “C”); and (d) C ordered the Plaintiff to produce automobile parts, etc. in sequence.

B. On August 23, 2016, the Plaintiff entered into a contract with C to transfer the claims of KRW 50,29,527, out of the claims for goods against the Defendant of C (hereinafter “instant contract to transfer the claims”), and C notified the Defendant of the assignment by content-certified mail on the same day.

On August 24, 2016, the above notification reached the defendant (new acid factory) on August 24, 2016.

C. On August 19, 2016, Taeyangtech Co., Ltd., a creditor of C, was subject to a provisional attachment order of KRW 104,800,000 among the claim for the purchase price of goods against the Defendant of C by designating the Defendant as the garnishee, etc., and the said decision reached the Defendant (Seoul head office) on August 24, 2016.

(hereinafter “instant provisional attachment order”) D.

On August 24, 2016, the head of the Defendant’s new Asan Factory Purchase Team D met with C’s director, Plaintiff’s F’s regular director, and the third party entered and signed each of the following at the bottom of the instant contract for the assignment of claims.

(hereinafter referred to as “instant agreement.” The gold-type Defendant, owned by the Plaintiff, provided C with gold-type (type TM, No. 84717-A3000, product name COVS-C/PAD SDR LH/H) and provided that C provided that the Defendant would return the gold-type to the Plaintiff; hereinafter “instant gold-type”). By August 24, 201, the Defendant returned 50,299,527 won under the bond transfer and takeover contract (content certification) to the Defendant’s factory by August 24, 201, and then deposited the gold-type in cash within two hours after the Defendant received the gold-type money. The Plaintiff returned the instant gold-type to the Defendant on August 24, 2016.

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