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1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:
(b) The following:
subsection (b).
Reasons
1. Facts of recognition;
A. Around March 2011, the Plaintiff and M&A Co., Ltd. (hereinafter “M”) drafted an agreement on the transfer of claims with the effect that “M transfers to the Plaintiff the bonds in the separate sheet (such as the existing claim and the future claim) held by M against a third party obligor in order to pay the Plaintiff the obligations that may arise at present and in the future.”
(hereinafter “instant contract on the assignment of claims”). The attached Form of the instant contract on the transfer of claims did not contain any content specifying the transferred claims, such as the garnishee, representative, address, amount of credit, etc.
B. At the time of the instant assignment contract, M transferred to the Plaintiff the claim transfer contract and the notice of the assignment of claims to the Plaintiff as collateral for the claims that may arise in the present and future. There is no objection even if M arbitrarily exercises its rights by stating the amount of the assigned claim and the third obligor when M fails to pay its obligations, refuses or delays the payment of its obligations, and M grants the Plaintiff the authority to notify the assignment of claims, submits this certificate, and waives the right to appeal arising from the lawsuit.
C. At the time of the assignment contract of this case, M entered a written notice of the assignment of claims (as it transferred the claim he had to go to the Plaintiff as follows, M paid to the transferee of the claim and entered a written statement stating that it is in prime time in accordance with Article 450 of the Civil Code. The debtor's disturbance, type of claim: official disturbance, transfer amount: official disturbance, date: official seal: date: Business seal, transferee: Corporate seal: M's corporate name, and corporate seal).
On May 9, 2012, the Plaintiff demanded M to submit sales claim data against M to a third party debtor under the instant assignment contract, and M on May 10, 2012.