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(영문) 서울중앙지방법원 2019.08.16 2018나82887
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 28, 2011, A Co., Ltd. (hereinafter “A”) concluded a contract to sell a claim to the Defendant (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

(A)The date of termination shall be June 29, 201 for the date of such extension and cancellation.

SECTION 3.07 For the effective termination of the seller's obligation to be performed by the seller, the obligation to be performed by the seller is either upon termination or before that termination (or on any other date specified in this Agreement), or on the assumption that the seller waives it, on or before that date:

(e) The buyer should have fulfilled all important obligations under this Agreement.

5.07 Captain and Notice of Action (except as required to adjust the amount of purchase price in accordance with Section 5.05) to the extent that the seller has spent in connection with the collection of claims, he/she shall subrogate the seller's rights to the extent of the amount recovered in respect of the collection of claims or related mortgaged objects.

When a claim is filed in a lawsuit based on a factual assertion that can constitute a set of claims and a seller’s statement or a violation of security, the seller must inform the seller of such assertion within a reasonable period of time from the date on which the buyer becomes aware of such claim, and the buyer may assist or advise the buyer in defending such claim, or at his/her own expense, provide the seller with reasonable opportunity to defend such claim at his/her own expense.

Section 6.02. (b)(a) The buyer’s undertaking is as soon as possible after the date of termination (in any case no later than 12 months after the date of termination), at his own expense, and at any legal procedure relating to the subject-matter as of the date of termination, the seller is a party or intervenor.

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