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(영문) 수원지방법원안양지원 2020.06.19 2018가합103490

채권양도확인등

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In around 2017, the Plaintiff filed a complaint against E with the non-party company’s representative director.

B. On September 26, 2017, upon Defendant C’s request, the Plaintiff drafted a letter of withdrawal of complaint, written agreement, and power of attorney (Evidence Nos. 1 through 3 of this case; hereinafter “the letter of withdrawal of complaint, etc.”) to the above Defendant, and on the same day, the Defendants drafted each of the following descriptions to the Plaintiff (hereinafter “each of the instant letters”).

Defendant C, the representative director of the Defendant Company, had received a written and written agreement from the Plaintiff on withdrawal and withdrawal of the complaint against the Defendant E, the Plaintiff filed a complaint with the Siesti Police Station, and intended to submit it on behalf of the Plaintiff.

Defendant C shall submit a letter of withdrawal and written agreement after obtaining confirmation from the Plaintiff that the Plaintiff received service costs of the F Area Housing Association.

When Defendant C enters into the above matters and submits the above written withdrawal and written agreement in advance, the above Defendant shall immediately transfer to the Plaintiff all claims, property rights, and other rights that the Defendants have against the non-party company without civil or criminal procedures.

C. On October 19, 2017, the Plaintiff prepared a written and written agreement on the withdrawal of the instant complaint to E, other than the written withdrawal of the complaint, etc., and submitted it to the Si interesting police station.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, and fact-finding results on the Silung Police Station, the purport of the whole pleadings

2. On October 19, 2017, Defendant C made a false statement to the Plaintiff on the summary of the Plaintiff’s assertion that “A direct request to submit a letter of withdrawal of an accusation and a written agreement, etc. to E, to the Telecommunications Station that will execute the increased service cost,” even though there was no plan to have the Plaintiff paid the service cost.” The Plaintiff submitted a letter of withdrawal of an accusation and a written agreement to E on the same day.

As a result, the above defendant's prior submission of the withdrawal of complaint and the written agreement in violation of each of the instant written orders, which are the suspension conditions in the instant written orders, is the plaintiff.