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(영문) 서울중앙지방법원 2018.09.06 2018가단28639
리스료 및 보증채무금
Text

1. The Defendants jointly and severally act on September 21, 2017 with the Plaintiff’s Intervenor KRW 150,360,738 and KRW 60,970,547.

Reasons

1. Facts of recognition;

(a) The reasons for the claim are as shown in the annexed sheet;

(However, “creditor” is the Plaintiff, and “debtor” is the Defendant). (B)

On June 4, 2018, while the lawsuit of this case is pending, the Plaintiff transferred the Plaintiff’s succeeding intervenor’s claim against the Defendants, such as the lease fee, etc., and the Plaintiff’s succeeding intervenor delegated the notification of the assignment of claims from the Plaintiff, and completed the notification of the assignment of claims

(Inasmuch as the notice of the assignment of claims as of June 22, 2018 to Defendant A, Co., Ltd., Ltd. and joint and several sureties, which are the principal debtor, was served on each of the aforementioned Defendants by means of service by public notice on July 12, 2018, it is possible to assert the assignment of claims to joint and several sureties, even to Defendant B who is the joint and several sureties)

2. According to the above facts of recognition, the plaintiff transferred his claim, such as the lease fee, to the plaintiff succeeding intervenor and caused the plaintiff to no longer be the creditor. Thus, the plaintiff's claim against the defendants is without merit.

The Defendants are jointly and severally liable to pay the money stated in Paragraph (1) of this Article to the Intervenor succeeding to the Plaintiff, the assignee of the instant claim, such as the lease fee.

3. Conclusion, the plaintiff's succession participation's claim against the defendants is justified, and the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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