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(영문) 대법원 2017.05.11 2016다276191

양수금

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of

(1) On the grounds stated in its reasoning, the court below held that (1) the Plaintiff entered into a contract with M Co., Ltd. (hereinafter “M”) on the assignment of claims for the price of goods and the claim for the price of goods to be generated in the future, and received supplementary rights and delegation of the authority to notify the assignment of claims for the individual claims, and (2) the Plaintiff received a notice of the assignment of claims in M’s name, which is a public interest for each of the third debtors. (3) Since the Plaintiff, based on the supplementary right granted in advance after receiving the statement of balance by transaction partner, specified the individual claim for the assignment of claims under the above assignment of claims, the Defendants, who received the notice of the transfer, are liable to pay the Plaintiff the price of the goods, and (3) the Defendants paid the amount to M after the notice of the transfer.

Even if there is no validity, it was determined that M's unilateral termination of the assignment of claims without the plaintiff's consent has no effect.

The ground of appeal disputing the determination of the lower court is merely an error of the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court.

In addition, even after examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court’s judgment, contrary to what is alleged in the grounds of appeal, gives notice to the claim transfer agreement, transfer claim