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(영문) 서울고등법원 2014.02.06 2013나9132

채권양도통지

Text

1. The part of the conjunctive claim in the first instance judgment against Defendant C, D, E, F, and G shall be revoked.

Reasons

1. Scope of judgment on party members;

A. The co-Plaintiff A and the Plaintiffs in the first instance trial selected A as the designated party, and primarily asserted that the transfer of the right to claim the payment of the deposit between H and the Defendants was null and void as a false declaration of conspiracy, and sought restitution of the right to claim the payment of the deposit, and the conjunctively asserted that the said transfer was a fraudulent act and sought revocation and restitution thereof.

B. The court of first instance rejected A’s primary claim and rejected the conjunctive claim. The plaintiffs’ primary claim and accepted the conjunctive claim. Since only the defendants filed an appeal, only the conjunctive claim against the Defendants falls under the scope of the party members’ trial.

(Plaintiffs withdrawn from the trial on July 29, 2013 the selection of the designated parties A. 2. Basic facts

A. The plaintiffs' assignment of claims 1) The plaintiffs are multi-level selling companies from around 2004 to 2006 J (hereinafter "J").

A) The one who was invested in, and who was the victim of, the damage, was to collect and transfer to H all claims, including the damage claim against J, for the recovery of damage as set forth in the following subparagraphs. H among the plaintiffs, certain victims agreed to exercise the claim by transfer under the name of the wife K. 2) Accordingly, A and the Plaintiff, the appointed parties, L, N,O, Q, Q, R, T, U, V, W, X, and Y were attached to H over the period from July 19, 2006 to July 21, 2006.

3. The claims totaling KRW 677,362,00, as described in the note, and the remaining designated parties (Provided, That the claims totaling KRW 677,362,00 were transferred by dividing them into H and K) shall be attached to K on October 23, 2006 and October 24, 2006.

3. The total amount of KRW 2,363,00,000 has been transferred as recorded, and the major contents of the bond transfer and takeover contract prepared at the time of the transfer of each of the above claims are as follows:

creditor H or K refers to creditor H or K;

(c).