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(영문) 의정부지방법원 2017.03.30 2016나8504

양수금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Around September 30, 2009, a certificate of borrowing was drawn up to the effect that C lent KRW 35 million to the Defendant.

B. On May 27, 2011, a loan certificate was drawn up to the effect that C lent KRW 25 million to the Defendant.

C. (1) On August 15, 2015, the Plaintiff: (a) between C and C on August 15, 2015, and (b) the loan claim amounting to KRW 60 million that C has against the Defendant (i.e., KRW 35 million) (hereinafter “instant claim”).

(1) The term “transfer contract of assignment of claim No. 1” is called “transfer contract of claim No. 1.”

(2) In entering into the agreement, the following terms and conditions of the agreement (hereinafter referred to as “instant special agreement”) are as follows:

(2) The contents of the instant special agreement are set forth in Article 3: The assignment of claims in this case belongs to the assignee of claims with the assignment of claims for debt collection and civil action, and the relationship of rights externally belongs to the assignee of claims, and the assignee of claims bears the obligation of settlement to the transferor of claims.

Article 4:Transferr shall perform the legal acts for debt collection and civil procedure against the debtor at his/her own expense.

3) On January 8, 2016, C notified the Defendant of the assignment of claims, and the above notification reached the Defendant on January 19, 2016. On the other hand, between C and C on December 26, 2016, the Plaintiff concluded a new agreement on the assignment of claims with the content that the instant claim should be transferred (hereinafter “instant assignment of claims”). In addition, between C and C on December 26, 2016, the Plaintiff revoked the instant assignment of claims due to mistake, and the Plaintiff newly concluded a new agreement on the assignment of claims (hereinafter “instant assignment of claims”).

2) On December 26, 2016, the Plaintiff, who is delegated with the power to notify the assignment of claims by C, notified the Defendant of the assignment of claims, and the said notification reached the Defendant at that time. [Grounds for recognition] The Plaintiff did not dispute any dispute, and the evidence A of subparagraphs 1 through 4 (including the branch numbers, if any, and the same applies hereinafter).

each entry of No. 27-1, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The Defendant’s assertion C claims of this case against the Plaintiff.