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Reasons
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(영문) 서울고등법원 2016.12.01 2016나2001661
배당이의
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Status 1 of the parties : D (former trade name: E; hereinafter “D”)

(2) As of September 1, 2014, the Defendant had a claim for goods priceing KRW 106,650,000 against D as of December 1, 2014, the purpose of electronic commerce and related distribution business, and entered into a mutual aid agreement with the direct sales mutual aid association on December 31, 2013, and the said mutual aid agreement was terminated on August 26, 2014.

B. With respect to the claim for share refund amounting to KRW 106,650,00 (hereinafter “the claim of this case”), among the claim for share refund claims that D, in the case of withdrawal from the direct sales mutual aid association, D, etc., as to the claim transfer contract of this case (hereinafter “the claim of this case”), D, Sept. 1, 2014 under the name of the Defendant and D, that the said claim is transferred to the Defendant, and as to the claim transfer contract of this case (No. 3-2 and No. 10-1). The evidence No. 3-2 was attached to the notice of claim transfer issued by the third obligor’s direct sales mutual aid association by content-certified mail. The evidence No. 10-1 is the document kept by the Defendant. 3 and No. 10-2; hereinafter the same applies to the case of No. 30-10, Sept. 1, 2014; hereinafter “the letter of delegation of claim”).

C. 1) On September 5, 2014, the Defendant, as an agent for notification of the assignment of claims by D on September 5, 2014, is a “the first notification of the assignment of claims” attached by the certificate of the personal seal impression of D (No. 2-2, No. 3-4) to the Korea Sales Mutual Aid Association (No. 2-1, No. 2-1, No. 3-4).

(B) On September 1, 2014, the first notice of assignment of claims was served on the Korea Development Bank on September 11, 2014. (2) After that, the Defendant sent the notice to the Korea Development Bank on September 19, 2014.

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