양수금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim shall be dismissed by this court.
1. Basic facts
A. As of September 26, 2009, the loan certificate was written to the effect that C lent KRW 10 million to the Defendant by September 26, 2009, that C lent KRW 5 million to the Defendant as of September 29, 2009, and that C lent KRW 4 million to the Defendant as of September 30, 2009.
B. On August 15, 2015, the Plaintiff entered into a contract with C on the assignment of claims of KRW 19,000,000,000 (hereinafter “instant claim”) that C had against the Defendant (hereinafter “instant contract”), and entered into an agreement with C on the following terms (hereinafter “instant special agreement”).
(2) Article 3 of the content of the instant special agreement: The assignment of this claim belongs to the assignee of the claim with the assignment of the claim for debt collection and civil procedure, and the external relationship of rights belongs to the assignee of the claim, and the assignee of the claim bears the obligation to settle the account to
Article 4:Transferr shall run respectively at the cost of the transferor's liability for debt collection and civil action against the debtor.
C on January 18, 2016, notified the Defendant of the assignment of the above credit, and the above notification reached the Defendant on January 19, 2016.
E. On January 29, 2016, the Plaintiff filed the instant lawsuit.
F. On December 26, 2016, the Plaintiff entered into a new agreement on the assignment of claims between C and C to the effect that “the instant agreement is cancelled due to mistake, and C re-transfers the instant claim to the Plaintiff.” On December 26, 2016, the Plaintiff, who was delegated with the authority to notify the assignment of claims by C, notified the Defendant of the said assignment of claims, and the said notification reached the Defendant around that time.
G. Around April 2017, the Plaintiff filed a lawsuit seeking payment of KRW 390,000,000 for a loan against C with the District Court 2017Gahap701, and on June 28, 2017, “C” in the said lawsuit is KRW 390,000,000 for the Plaintiff.