Whether the first requirement for setting up against the original transferee is a tort against the second transferee after double transfer of the bonds.

In the case of double transfer of claims, even if the transferee of the second-party transferee satisfies the first requisites for counterclaim with the knowledge of the transfer of the first, it cannot be said that the illegal act is not constituted.

Articles 450 and 750 of the Civil Act

Plaintiff

Defendant 1 and one other

Daejeon District Court Branch of Daejeon District Court (74Gahap35 delivered on July 1, 200)

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The original judgment is revoked. The Defendants jointly and severally pay to the Plaintiff the amount of KRW 1,900,000 and the amount at the rate of five percent per annum from the day after the notice was made soar to the full payment. The costs of lawsuit shall be borne by the Defendants in both the first and second instances, and a provisional execution declaration.

Inasmuch as there is no dispute over the establishment of Gap evidence Nos. 3 (Delegation), 5 (Order), 1 (Assignment of Claim), 2 (Notice of Assignment), and 1,2 (Notice of Assignment), each of which is presumed to be genuine, and the testimony of non-party Nos. 1 and 2 in each of the above testimony, the non-party No. 3, a co-defendant, was liable for the debt amounting to KRW 1,70,000, and the non-party No. 3 did not have any defense against the defendant's assignment of claim against the non-party No. 1,30,000 won, and thus, it cannot be acknowledged that the defendant transferred the above claim to the non-party No. 2,30,000 won to the non-party No. 3 and the defendant No. 1,300,000 won to the non-party No. 1,500,000 won to the non-party No. 2, the defendant transferred the claim to the non-party No. 2, who is the defendant No. 3.

Therefore, the plaintiff's claim of the principal lawsuit is without merit and it is dismissed. The plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are assessed against the losing plaintiff. It is so decided as per Disposition.

Judges Lee Dong-ho (Presiding Judge)