Transfer of Payment Rights and Defective Material Claims
Article 9. Mr. Thep entered into a contract of employment with Company A for the construction of a shopping center building, stipulating the division into installments and the payment installments were to be 10 installments. He also entered into a contract to purchase building materials and equipment from Company B. While Company A had completed 6 installments of the employment contract, during the 7th installment, the administrator of Company B was notified by telephone, orally, that the right to receive the installment payment would be transferred from Mr. Thep to be paid to Company B, and immediately sent a registered document of Company A via fax to Company B upon completion. Subsequently, upon completion, it remained with Company A, a unilateral written statement was made to Mr. Thep informing him. Later, during the delivery and receipt of payment, Company A issued a letter requesting the cancellation of the transfer of the payment rights due to Company A being in dispute with Company B. Company A had purchased defective and substandard construction materials. Therefore, Mr. Thep paid the 7th installment debt to Company A. Regarding the transfer of the payment rights, it was deemed incomplete and Company A was disputing matters with Company B. Concerning the purchase of outstanding construction materials by Company B, it was ordered to determine whether the debt and claims of Mr. Thep were legally valid.
As the facts presented are a case where Company N has transferred the claim of the creditor, this is considered a transfer of the construction payment debt receivable from Mr. Thep to Company B. The transfer of claim to a specific creditor, as stipulated in the law, occurs when the administrator of Company A agreed with the administrator of Company B and recorded it in a memorandum under Section 306, signed and stamped by Company A, stating that the right to receive payment would be transferred via fax. The making of such a memorandum is considered the transfer of a claim, even though it was a unilateral written statement by Company A. Mr. Thep received notification of the claim transfer. The registered document of Company A from Company B, as per the law, constitutes the completion of the transfer of construction rights. The 7th installment was paid to Company B.
The claims of Mr. Thep were dismissed regarding the claim that Company A was having issues with the outstanding purchase of construction materials due to defective and substandard goods. This was a defense raised by Company B.
Therefore, Mr. Thep was required to pay the 7th installment payment to Company B, the recipient of the transfer.
Mr. Ek agreed to lend money to Mr. Tok in the amount of .