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1. The defendant shall transfer to C the claims listed in the attached list against the defendant's Osan City, and Osan City.
Reasons
1. Facts of recognition;
A. The Plaintiff filed the instant case, including wages, against Suwon District Court Decision 2012Ga28086, and filed the said lawsuit, and “C shall pay 48,000,000 won to the Plaintiff by September 31, 2012. If C fails to pay the said amount by the payment date, the settlement recommendation decision became final and conclusive to the effect that the unpaid amount shall be paid by adding the damages for delay at the rate of 20% per annum from the day following the said payment date to the day of full payment.”
B. Meanwhile, in the name of the Defendant, who is the title holder of the business registration, C registered the business in the name of “DB club” on the 20th and third floors of real estate listed in the attached list, and operated the 3rd as “DB club,” and the real estate listed in the attached list was incorporated into the chill road. As the real estate listed in the attached list was incorporated into the chill road, Osan City determined KRW 534,33,330 of the business compensation to the Defendant, who is the title holder of
C. However, C does not seek the transfer of the above claim for payment of compensation to the Defendant.
[Ground of recognition] Facts without dispute, Gap 1 to 13 evidence, fact-finding results on the Osan market by this court, the purport of the whole pleadings
2. According to the above facts of recognition, the above business compensation claim should belong to C, who is the actual operator of the above age club, and the defendant obtains without any legal ground the benefit that is the business compensation claim of the above age club and thereby causes damage equivalent to the above claim to C. Thus, C may seek the transfer of the above claim made by the defendant to the defendant, and as long as C does not seek the transfer of the above claim, the plaintiff, who is the creditor of C, can exercise the above claim on behalf of C.
Therefore, the defendant has a duty to transfer to C the claims listed in the attached list against the defendant's Osan City and to notify it at the time of Osan.
Since the plaintiff's claim is reasonable, it is ordered to accept the plaintiff's claim.