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(영문) 서울고등법원 2016.08.19 2015나2054163

양수금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "A evidence No. 2, B No. 3, B No. 4, B No. 18, and B No. 23 are not sufficient to admit this only with the entries of evidence No. 2, B No. 4, B No. 18, and B No. 23 are added to the grounds for the judgment of the court of first instance, and it is consistent with the reasons for the judgment of the court of first instance, except for the addition of the following judgments as to the defendant's assertion in the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters to be judged additionally;

A. The Defendant asserts that D has a claim for reimbursement against D based on the claim for the repair of the equipment of this case and the payment guarantee against D, and that D’s claim for reimbursement against D’s clinic was transferred from D on February 2016, and that D’s claim for the above claim for reimbursement against D’s clinic was set off against the Plaintiff’s claim for the transfer of the money of this case against D’s Defendant with the Defendant’s claim for the transfer of the money against D’s clinic.

B. In light of the evidence evidence evidence No. 22, it is insufficient to acknowledge that D had a claim for repairing the defects of the equipment of this case against the United Nations clinic and a claim for reimbursement based on the payment guarantee, and there is no other evidence to acknowledge this otherwise.

Furthermore, even if family D had a claim for the repair of the equipment of this case against the UNFCCC and the claim for reimbursement based on the payment guarantee, since the defendant received the above claim for reimbursement from D on February 2, 2016 during the trial as after being notified of the transfer of the claim for the loan of this case, it cannot be asserted against the plaintiff with the claim for the transfer of the above claim for reimbursement against D's legal clinic.

I would like to say.

(2) If the transferor has given notice of transfer only, pursuant to Article 451(2) of the Civil Act, Article 451(2) of the Civil Act (see Article 451(2)).