양수금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. According to each entry in the E evidence No. 3 (including the serial number), the Plaintiffs appears to be an individual entrepreneur with G, not a corporation with independent legal personality, but a business entity with G as a business owner (general taxable person).
The obligees holding claims listed in attached Form 1 as to B are creditors holding claims, and the amount calculated by adding the above amount of claims to KRW 41,798,000 from the E’s representative (F and G) of February 21, 2014 to KRW 41,60,000 among the claims of KRW 5,770,000, such as civil engineering construction costs, against the Defendant of E, as the transfer proceeds.
The Defendant asserts that he received the transfer and notified the transfer to the Defendant at that time, and sought the payment of the transfer money.
However, the assignment of the above nominative claim cannot be set up against the obligor unless the transferor notifies the obligor or approves the obligor (Article 450(1) and 450(1)2 of the Civil Act). It is difficult to deem that there was a notice of assignment by the transferor of the claim, and there is no other evidence to support that the above requisite for counterclaim has been satisfied. Thus, the Plaintiffs cannot set up against the Defendant, the obligor, by the assignment of claim.
On the other hand, although the defendant has a defense to the effect that the non-special agreement to bring an action was established between E and the defendant, it is difficult to interpret the text of the evidence No. 3 as the non-special agreement to bring an action with respect to the implementation of the above contents of the agreement, and there is no ground to view that the effect of the non-special agreement to bring an action is binding on the plaintiffs who are the third party. Therefore, this part of the defense
Even if the plaintiffs assumed that the above evidence No. 2 satisfies the requirements for setting up against the assignee, considering that it was a transferor's deceased person or representative, the obligor may set up the same defense against the assignee as the reasons arising to the transferor until he/she received the notification (Article 451 (2) of the Civil Code), and the evidence No. 13 are included.