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(영문) 창원지방법원 2016.05.25 2015나10442
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Nonparty D organized the number system on October 23, 2012, and all of the old units were 16, and each old unit was 3,334,000 won per month, and the amount was 50 million won per month.

(hereinafter “instant number system”). B.

Defendant C entered the 2,5,11 unit of the instant phone number system, and received the fraternity money on November 23, 2012. On December 28, 2012, Defendant C agreed to pay KRW 60,676,00 in total, from December 23, 2012 to January 2014, Defendant C signed to pay KRW 4,334,00, respectively, from December 28, 2012 to January 2014. Defendant C jointly and severally guaranteed Defendant C’s obligation to pay the said fraternity money.

C. On October 8, 2014, D transferred to the Plaintiff the claim against the Defendants for the payment of the said deposit amount in KRW 13,326,00,00, and notified the Defendants of the assignment of the claim on the same day.

(hereinafter “transfer of claim of this case”) D.

Until February 23, 2013, Defendant C paid 40 million won in total with three previous accounts until the strike on February 23, 2013. From the strike, Defendant C paid 12 million won in total to D six times each over six times from July 7, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1, Eul evidence 2-1 and Eul evidence 2-2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff took over KRW 13,326,00 from D to D’s claim against the Defendants, and the Defendants are obligated to pay the said amount to the Plaintiff. 2) As long as the Plaintiff’s claim was in the instant case’s number fraternity, the Plaintiff’s claim constitutes KRW 53 million, which is the sum of KRW 50,000 and KRW 3,000,000,000. Defendant C paid KRW 53,875,00 to D, and the claim against the Defendants was extinguished, the Defendants are not obligated to pay the amount of transfer to the Plaintiff who acquired the aforementioned claim.

B. After one fraternity was set on the nature of the instant number system.

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