(영문) 서울중앙지방법원 2017.01.24 2016가합515419

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(영문) 서울중앙지방법원 2017.01.24 2016가합515419

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a creditor of the loan to Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Defendant is a management company that manages a commercial building consisting of 283 stores of the 10th underground floor in the 10th underground floor in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) and imposes and collects management fees on the owner or tenant.

B. On February 16, 2015, the Plaintiff loaned KRW 220 million to the Nonparty Company as of April 30, 2015. On February 26, 2015, the Plaintiff borrowed KRW 130 million from the Nonparty Company as of February 26, 2015, and was issued a promissory note No. 77 on April 30, 2015, with a face value of KRW 130 million from the Nonparty Company as of February 26, 2015.

B. On August 18, 2015, the non-party company notified the Plaintiff of the transfer of the claim to the Plaintiff and the transfer to the Defendant against the non-party company: (a) transferred to the Plaintiff the claim amounting to KRW 240 million in total of KRW 100 million in business performance guarantee and management expenses deposited with the Defendant for the first floor development project of the building underground; and (b) notified the Defendant of the transfer of the instant claim by content-certified mail on September 21, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, each entry (including branch numbers, if any) and the purport of whole pleading

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff received the claim of this case from the non-party company against the defendant of the non-party company. The defendant is obligated to pay the plaintiff as the transferee the total amount of 240 million won and damages for delay. The defendant's assertion 2) The defendant is part of the management expenses in arrears from the meeting of the non-party shop owner of this case (the chairperson F. hereinafter referred to as the "members' meeting"), which is part of the management expenses in arrears from the meeting of the non-party shop owner of this case.

유사 판례

-서울고등법원 2018.02.06 2017나2013234

-서울고등법원 2016.05.26 2015나24500 (1)

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