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(영문) 수원지방법원평택지원 2019.02.19 2018가단4562

보증금반환

Text

1. Defendant B’s KRW 40,000,000 as well as 5% per annum from October 14, 2018 to February 19, 2019 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. On November 6, 2008, the Plaintiff lent KRW 40,000,00 to Defendant B.

The Plaintiff seek against Defendant B the payment of KRW 40,000,000 and damages for delay from November 6, 2008.

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

C. Some dismissed parts of the Plaintiff claimed against Defendant B for the payment of KRW 40,000,00 and damages for delay from November 6, 2008. However, as to the damages for delay from November 6, 2008 to October 13, 2018, the delivery date of a copy of the instant complaint, there is no evidence to acknowledge it. Thus, the Plaintiff’s claim for this part of the Plaintiff’s claim is without merit.

2. On November 6, 2008, the Plaintiff asserted that Defendant C is obligated to pay KRW 40,000,000 to the Plaintiff, as the Plaintiff received the lease deposit amount of KRW 40,000,00 from Defendant C on the building located in Pyeongtaek-si D, and that Defendant C is obligated to pay KRW 40,00,000 to the Plaintiff.

In order for the assignee to claim the amount of assignment to a debtor by the transferor, the fact that the transferor's credit has occurred to the debtor, the fact that the transferor and the transferee acquire the credit between the transferor and the transferee, the notification and arrival of the assignment of credit to the debtor, or the consent of the transferor or the transferee of the debtor should be proved. The evidence submitted by the plaintiff alone is insufficient to recognize that the defendant B notified the fact of the assignment of credit between the plaintiff and the defendant C, or that the defendant C consented

Therefore, the plaintiff's claim against the defendant C is dismissed on the ground that it is reasonable.