logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.11.09 2018가단101304
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Defendant B had engaged in electronic assembly business from October 23, 2006 to Daegu-gun D with the trade name of E, and Defendant C, who was the children of Defendant B, is engaged in grads and electronic parts assembly business with the trade name of E from June 20, 2014 to the same place.

Defendant B received the royalty necessary for the processing body from the Plaintiff, and entered into an assignment contract (hereinafter “instant assignment contract”) with respect to the Plaintiff’s obligation to purchase goods (hereinafter “instant obligation”) and the Plaintiff’s obligation to purchase goods against Defendant B (hereinafter “instant claim”). On February 1, 2012, Defendant B decided to transfer the credit credit claim against Defendant B C Kabrop Capital Co., Ltd. (hereinafter “Kabrop”) (hereinafter “instant transfer claim”) to the Plaintiff on February 1, 2012, Defendant B entered into an assignment contract (hereinafter “instant transfer contract”).

Article 1 (Transfer Claim) The Defendant transferred the entire obligation to the Plaintiff after having the claim against the Kalar Capital, and the Plaintiff acquired it by transfer.

Article 2 (Notification of Transfer) of the Credit Sales Claim 37.7 million won as of February 1, 2012 (Notice of Transfer) The Defendant, upon entering into this Agreement, gives notice of the transfer of claims with a certificate with a fixed date to the Kalar Capital without delay, or obtains the consent of the Kalar Capital with a certificate with a fixed date.

Article 3 (Liability for Warranty) The Defendant guarantees that there is no defect or burden on this assigned claim, such as set-off against the Car Mala Capital, or seizure by a third party, etc.

Article 4 (Appropriation for Execution) (1) The defendant shall be deemed to discharge his obligations after the assignment of claims.

② If, prior to the performance of the obligation set forth in the Republic of Korea by the Defendant, the obligation has come due, the Plaintiff may recover the obligation and then appropriate the balance to the Defendant’s obligation after deducting the expenses incurred in recovery.

In this case, the defendant's debt is about the amount of the appropriation.

arrow