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(영문) 서울서부지방법원 2017.08.16 2017가합30385

채권양도통지 등

Text

1. The defendant shall express his/her intention to transfer the assignment of claims to the plaintiff and shall transfer the assignment of claims to C.

Reasons

Facts of recognition

A. The Plaintiff lent to the Defendant KRW 10 million on February 10, 201, KRW 70 million on July 20, 2010, KRW 100 million on October 22, 2010, KRW 300 million on March 18, 201, KRW 30 million on July 13, 201, and KRW 600 million on total.

B. On January 14, 2013, the Defendant leased KRW 150 million to C as of July 20, 2013.

C. On October 31, 2014, the Defendant, for the repayment of the borrowed amount to the Plaintiff, prepared a written agreement on performance that “the Defendant shall make the first priority repayment to the Plaintiff regarding KRW 30 million out of KRW 100 million against C (D) and immediately transfer the claim against D upon the Plaintiff’s request. The Defendant shall cooperate with the Plaintiff in debt collection against C.”

[Ground of recognition] According to the above facts of recognition of confession (Article 150(1) of the Civil Procedure Act), the defendant has a duty to express his/her intention to the plaintiff as to the claim stated in the attached Form and to notify C of the assignment of claim as to the above claim.

In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.