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(영문) 대전지방법원천안지원 2020.12.22 2020가단106547

양수금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 12, 2019, the Plaintiff entered into a contract on the assignment and takeover of claims to the Defendants of D with respect to KRW 37,000,000 (hereinafter “instant contract on the assignment of claims”), and D sent notice of the assignment of claims to the Defendants around December 17, 2019.

B. In the instant assignment contract, the Plaintiff and D agreed that “if the assignee finds a debtor’s concealed property or an unclaimed claim, such as the debtor’s attempted claim or the benefits account, the transferee shall pay in advance the legal expenses for securing the claim, and if the transferee collects the amount of credit from the debtor, the legal expenses shall be returned to the transferor (the assignee shall explain the legal expenses to the transferor as a receipt)” (Article 6). “The passbook used at the time of collecting the amount of credit from the debtor shall be the transferee’s corporate bank EF company” (Article 8), and “the transferee shall report the details of the collection of claims to the transferor twice a week” (Article 10).

C. On December 20, 2019, the Plaintiff sent a text message to Defendant B stating that “A company is F Company. If the address that can be seen as receiving the bond transfer and takeover contract is known, the Plaintiff would be re-issued.” At that time, D sent a text message to the Defendant G, stating that “A person would have delegated it to that person. If the contract for bond transfer and takeover service is cancelled, it may not be cancelled only when eight million won penalty is imposed.”

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 2 through 4 (including additional evidence) and the purport of the whole pleadings

2. The fact that the Plaintiff entered into the instant claim assignment contract with D is as seen earlier, but the following circumstances acknowledged based on the above acknowledged facts and the purport of the entire pleadings, namely, D, the transferor, agreed to preferentially pay the Plaintiff the legal expenses incurred in securing the claim, and the Plaintiff entered into the instant claim assignment contract.