(영문) 울산지방법원 2019.10.01 2019가단7210

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(영문) 울산지방법원 2019.10.01 2019가단7210

청구이의

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1. The Defendant’s decision on April 19, 2017 against the Plaintiff is based on the lower court’s determination of the litigation cost amount.

Reasons

1. Judgment on the Plaintiff’s assertion of the cause of claim

A. 1) In fact, C received a decision against the Plaintiff on April 19, 2017 from the judicial assistant officer of this Court that “The Plaintiff is obligated to pay for KRW 11,639,210 of the cost of lawsuit that the Plaintiff is obligated to pay to C by the ruling of the case by a third party of this Court” (hereinafter the ruling of this case).

(2) On June 8, 2018, the Plaintiff filed an application against C for the determination of the amount of litigation costs at this Court 2018Kada10193, and received a decision from the judicial assistant officer of this Court on June 8, 2018 that “The Plaintiff shall confirm that C is KRW 3,614,718, which is the amount of litigation costs to be paid by the Plaintiff and C by the judgment of this Court,” and Supreme Court Decision 2016Da576, 2017Na22575, supra.

3) The Plaintiff, with respect to C, holds a claim of KRW 22,950,051 (hereinafter “the instant automatic claim”) totaling KRW 3,614,718 as stated in the final and conclusive judgment of the instant case, as well as a claim of KRW 19,335,33, and KRW 19,333, and KRW 3,618,051 (hereinafter “the instant automatic claim”).

4) On April 30, 2019, the Defendant acquired the claim amounting to KRW 11,639,210 (hereinafter the instant passive claim) from C with respect to the Plaintiff, i.e., the claim amounting to KRW 11,639,210 (hereinafter the instant passive claim), and notified the Plaintiff by the transferor.

5. On May 9, 2019, the Plaintiff sent to the Defendant a postal item indicating his intention to offset the instant passive claim with the instant automatic claim, which reaches the Defendant on the following day.

B. A claim based on the assignment of a claim is transferred to the assignee while maintaining its identity, and the notification only gives the opposing power to the assignment of the claim.

Therefore, if there is a notification, the obligor will take place until he receives the notification.

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