채권의 양도를 내용증명우편으로 채무자에게 통지하면 제3자에게 대항할 수 있음[국패]
It is possible to set up against a third party if the assignment of a claim is notified to the obligor by content-certified mail.
Before Defendant Republic of Korea executes seizure on Defendant Company’s claim against Defendant Company’s third obligor, Defendant Company transferred its claim to the Plaintiff with respect to its third obligor, and notified the third obligor through a content-certified mail valid as a fixed date. Accordingly, Defendant Company’s claim against the third obligor was reverted to the Plaintiff, and the Plaintiff may oppose the Defendant’s Republic of Korea.
Article 450 of the Civil Act
2011 Confirmation of a claim for payment of deposit money
XX Co., Ltd
SP et al.
May 8, 2012
May 22, 2012
1. Ascertainment that, on November 7, 201, the payment claim for KRW 000 deposited by the Seoul Southern District Court No. 4651 on 201, Seoul Southern District Court confirmed that the Plaintiff was entitled to the payment claim for KRW 000.
2. The costs of lawsuit are assessed against the Defendants.
The same shall apply to the order.
1. Facts of recognition;
The following facts are acknowledged by adding the whole purport of the pleadings to each entry of Gap evidence 1 to 8.
A. From February 201, the Plaintiff: (a) supplied software to Defendant O Co., Ltd. (hereinafter, Defendant Co., Ltd.); and (b) on September 2, 201, the Plaintiff and the Defendant Co., Ltd. agreed to transfer KRW 000 to the Plaintiff the price claim for the goods that the Defendant Co., Ltd. would receive from XX Co., Ltd. (hereinafter, XX); (c) on September 9, 201, the Defendant Co., Ltd notified the fact of transfer to XX by mail proving the content; and (d) the notification was served on September 15, 201.
B. On the other hand, the old-age tax officials under the jurisdiction of the Defendant Republic of Korea seized the Defendant Company’s claims against 00 won out of the Defendant Company’s claims for the payment of goods against XX on the grounds of the Defendant Company’s default, and the attachment notification was served in XX on October 4, 201.
C. On November 7, 2011, 201, the lower court deposited KRW 4651, 200, the Seoul Southern District Court deposited KRW 4651, 200 on the ground that the deposited person was either the Plaintiff or the Defendant’s company, and the fact of the cause of deposit was concurrent between the transfer of claims and the seizure of claims.
2. Determination
According to the above facts, prior to the execution of seizure against the defendant company's claim against the defendant company, that is, the defendant company transferred 000 won to the plaintiff, and notified the third obligor through the content-proof mail with the validity of the fixed date, and then, the defendant company's claim for the price of the goods against XX belongs to the plaintiff, and the plaintiff can oppose the defendant's Republic of Korea.
Therefore, the claimant for the above deposit is the plaintiff, and the plaintiff has legal interest in the claim for confirmation of this case in order to eliminate the unstable legal status due to the mixed deposit.