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(영문) 광주지방법원 2016.10.07 2016나3047
양수금
Text

1. Of the judgment of the court of first instance, KRW 26,33,33 against the Plaintiff and its related thereto, from October 6, 2015 to October 7, 2016.

Reasons

1. According to the purport of Gap evidence Nos. 1 through 5 as to the cause of the claim and the entire pleadings, the same Tech Co., Ltd. (hereinafter referred to as "foreign company") held a claim for the amount of KRW 158,000,000 (hereinafter referred to as "the claim of this case") against the defendant. The plaintiff was transferred a claim equivalent to KRW 30 million out of the claim of this case from the non-party company on September 9, 2015, and the non-party company sent the notice that it transferred the claim of this case to the defendant on September 15, 2015 by content-certified mail and delivered it to the defendant on September 16, 2015. Comprehensively taking account of the above facts acknowledged, the defendant is obligated to pay the above KRW 30,000,000 to the plaintiff, except in extenuating circumstances.

2. Judgment as to the defendant's defense of payment deposit

A. The defendant asserts that the defendant's deposit defense for repayment falls under the case where the non-party company's notification that the non-party company transferred the claim to the plaintiff does not go through the certificate with a fixed date and the assignment of the claim, provisional seizure, collection order, etc. against the claim of this case were concurrent, and the debtor cannot be known without negligence. Thus, the defendant

B. According to the purport of the evidence No. 1 and the entire pleadings, Nonparty Company: (a) transferred to B the claim equivalent to KRW 50 million out of the instant claim on September 4, 2015; (b) sent the notice of the said transfer by mail verifying the content of the transfer on September 14, 2015; and (c) delivered to the Defendant on September 16, 2015; (b) transferred the claim amounting to KRW 100 million among the instant claim on September 11, 2015 to Jinsan Transportation Co., Ltd.; and (c) notified the transfer to the Defendant on September 16, 2015 by means of a certificate with a fixed date on September 14, 2015; and (d) transferred the new metal to the Defendant on September 16, 2015 with respect to the instant claim by the Daegu District Court Branch Branch Branch Decision 2015Mo23777, Sept. 23, 2015.

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