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(영문) 서울북부지방법원 2016.09.09 2015가단46796

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff operated a dance of “D” in Dongdaemun-gu Seoul Metropolitan Government underground, and transferred all the business license rights to the Defendant around November 19, 2014. In this case, the Defendant agreed to assume the Defendant liable for and take over the obligations, taxes, rents, etc. of KRW 60 million for alcoholic beverages to be borne by the Plaintiff.

However, the Defendant was liable to compensate the Plaintiff for damages equivalent to KRW 164 million in total, such as the Defendant’s failure to comply with the promise and the sale of real estate by auction, and the failure to receive the lease deposit (hereinafter “instant claim”).

B. The Defendant’s assertion that the Plaintiff was unable to operate “D” due to the Plaintiff’s transfer of business license while transferring his/her business license, as well as the Plaintiff’s transfer of the pertinent dance hall without notifying that the rent was overdue. Rather, the Defendant suffered damages by the Defendant.

In addition, since the non-party E served the plaintiff as the debtor and the defendant as the third debtor, the above decision was delivered with the attachment and assignment order, the plaintiff's assertion is without merit.

2. If a seizure and assignment order is issued on a claim on the market, the assigned part shall be transferred according to the assignment order to the entire creditor while maintaining its identity, the entire creditor shall succeed to the status of the creditor of the entire part, and the execution claim equivalent to the amount of the assigned part shall be extinguished retroactively from the time when the assignment order was served on a third party, deeming that the execution creditor has been repaid to the execution creditor;

According to the purport of this case’s return to the health team, Eul’s statement of evidence No. 1, witness E’s testimony, and the entire purport of the pleadings, it can be recognized that E, on June 26, 2015, receives an order of seizure and assignment as to the Plaintiff’s claim against the Defendant with the amount claimed as KRW 170 million by Seoul Northern District Court 2015TT 100,000,000,000. The above order of seizure and assignment is served on the Defendant on June 29, 2015, and becomes final and conclusive August 6, 2015.