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(영문) 서울남부지방법원 2019.03.22 2018나56716
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) engaged in the development of the website, design business, etc. entered into a contract for providing services, such as the maintenance and repair of the website (hereinafter “instant contract”) with the Defendant on or around 2009, and has received the service payment from the Defendant during the said period from January 1, 2010 to October 31, 2016.

The instant contract was terminated on October 31, 2016.

B. On December 8, 2016, C was declared bankrupt by the Seoul Central District Court 2016Hahap10291, and the attorney D was appointed as the bankruptcy trustee of C.

C. On May 31, 2017, C transferred credit sales claims equivalent to KRW 11,762,167, which C has against the Defendant to the Plaintiff. On the same day, the Plaintiff notified the Defendant of the assignment of claims on the same day on behalf of C in lieu of C’s above bankruptcy trustee, and the notification was sent to the Defendant around that time.

As of November 9, 2016, the account receivable balance of the defendant is indicated as KRW 11,762,167.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers unless the branch numbers are otherwise specified), Eul evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the acquisition amount of KRW 11,762,167 and delay damages to the plaintiff as the transferee of the claim, unless there are special circumstances.

On October 31, 2016, the Defendant confirmed that there was no unpaid amount under the instant contract at the time of termination of the instant contract, and C responded to the purport that there was no unpaid amount to be paid by the Defendant at the time. Thus, the Defendant asserted that C’s claim against the Defendant, claiming that the Plaintiff was transferred, did not exist.

However, the customer of the credit account in relation to C.

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