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(영문) 서울고등법원 2017.09.29 2016나2057305
양수금
Text

1. From May 24, 2017, regarding KRW 100,683,00 among the instant lawsuits that have been changed in exchange at the trial.

Reasons

Basic Facts

UNFT Co., Ltd. (hereinafter referred to as “NFT”) is a company established for the purpose of gold production, the processing and manufacture of precision parts, etc., and Costaex Co., Ltd. (hereinafter referred to as “ Costaex”) is a company established for the purpose of manufacturing and selling electronic components gold and the business of providing electronic components gold-type services.

The Co., Ltd. (hereinafter referred to as the “Symal cantech”) is a company established for the purpose of the gold-type manufacturing business, the bridge manufacturing business, the forest processing business, etc.

Around April 2014, Lone Starx acquired a small canal tech to take charge of gold production work, and changed the position of some of its employees to a small canal tech.

On May 21, 2013, Lone Star Co., Ltd. entered into a contract for acquisition of a corporation Vietnam between Lone Star and Lone Star Co., Ltd. (hereinafter “Lone Star Co., Ltd.”) with a foreign corporation (hereinafter “instant contract for acquisition of a corporation Vietnam”), whereby Lone Star Co., Ltd. owned by Lone Star Co., Ltd. transfers all outstanding stocks and business to the Defendant at KRW 900 million in the purchase price (hereinafter “Lone Star Co., Ltd.”).

Lone Star, according to the instant contract for acquisition by transfer of the corporation of Vietnam, intended to transfer the shares and business of Lone Starex to the Korea Development Bank, but did not receive KRW 100,683,300 out of the purchase price.

On September 25, 2015, the Plaintiff and Lone Star entered into a contract on the assignment of claims with the purport of transferring the unpaid purchase price claim of KRW 100,683,300 (hereinafter “the instant purchase price claim”) that Lone Star Company held against Lone Star (hereinafter “instant purchase price claim”).

(hereinafter “instant assignment of claims”). On September 30, 2015, the transferor Company notified the obligor of the said assignment by means of a content-certified mail with a fixed date and sent the notification to the Ethte on October 1, 2015.

E.N.N.R.

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