양수금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 5, 2013, the Plaintiff and Nonparty E drafted a claim transfer and takeover agreement stating that “E’s claim for payment of KRW 250,000,000 to the Defendants shall be transferred to the Plaintiff according to the joint development agreement signed on March 19, 2012.”
B. E on July 4, 2013, Defendant D.
The above notification was served on July 8, 2013 on Defendant D with the content proof of the purport of the assignment of claims in the port.
C. E is the Plaintiff on July 8, 2013.
The plaintiff delegated the authority to notify the assignment of claims as stated in the claim, and the plaintiff notified the defendant B and C of the assignment of claims through the service of a duplicate of the complaint of this case.
On the other hand, on March 19, 2012, Defendant C and D prepared a joint development agreement (Evidence A 3; hereinafter “joint development agreement”) with Defendant B as above.
[Ground of recognition] Facts without dispute, significant facts in the court, Gap evidence 3, 5, evidence 6-3, 7-3, 8-1 through 3, the purport of the whole pleadings
2. The gist of the parties’ assertion argues that the Defendants agreed to pay KRW 250 million to E, when concluding a joint development agreement on March 19, 2012, the Defendants jointly and severally, and the Defendants are liable to pay the above money to the Plaintiff who acquired the above claim from E. On the other hand, the Defendants did not agree to pay the jointly and severally liable obligation of KRW 250 million to E at the time of signing the joint development agreement.
Therefore, the issue of this case is whether the plaintiff's obligation to take over exists, and in detail, it is a matter of interpretation of the intention of the parties specified in the joint development agreement.
3. Determination as to whether a transferee’s credit exists
A. The so-called interpretation of a juristic act is to clearly define the objective meaning that the parties gave to the act of indicating it, and it is objective by the language and text expressed by the parties.