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(영문) 수원지방법원 2016.03.11 2015나27542
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 29, 2013, B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant for construction works to be contracted with C (hereinafter “instant construction contract”).

B. On May 28, 2013, the day before the conclusion date of the instant construction contract, the Plaintiff entered into a contract with the effect that B shall receive KRW 50,000,000 (hereinafter “instant contract for assignment of claims”) out of the claim for the construction cost (hereinafter “instant claim for the construction cost”) to be assigned to the Defendant according to the instant contract for construction work, and B notified the Defendant of the fact of the said assignment of claims by content-certified mail (hereinafter “instant notice of assignment of claims”), and issued the said notice on May 29, 2013.

C. Meanwhile, the obligees B received each claim attachment and collection order as to the claim against the Defendant in B as indicated in the table 1 below, and each claim attachment and collection order was served on the Defendant on the date indicated in the “service date” column in the table 1 below.

[Attachment1] Serial number (U.S. District Court) 12013T 2013T 7230, 18,441,693 April 24, 2013, 2013, D6, 10101T 30,276, 82156 E 30,276, 8213T 2013T 208, 2013T 12221, 207, 687, 500, 500, 2037, 1836, 208, 207, 1836, 2013, 36, 207, 2013, 36, 2013, 74, 207, 207, 36, 204, 207, 37, 194, 207, 2013

The claims against which seizure and collection order are to be seized as stated in Table 1 are as listed in Table 2 below:

[Attachment 2] The number of number (U.S. District Court) 12013TTT 7230 B of the seized claim against the defendant in relation to various construction works, such as H repair facilities renovation and repair works, the present and future claims 2.

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