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(영문) 서울고등법원 2018.07.18 2017나2031508
양수금
Text

1. The judgment of the court of first instance is as follows, upon a claim that the plaintiff (Counterclaim defendant) changed in exchange for another court.

Reasons

Facts of recognition

A. The reasons why the court should explain this part of the judgment of the court of first instance are as stated in the corresponding part of the judgment of the court of first instance, except for the following changes, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

(b) Changed matters;

O. On February 27, 2018, the first instance court’s second sentence No. 10 (“Defendant”) added the “Defendant” to the “Defendant,” and the “Defendant” on the same day, the attorney-at-law was appointed as the bankruptcy trustee and taken over the instant lawsuit on May 9, 2018, as of February 27, 2018.”

O. Following the fourth sentence of the first instance judgment, “C. The Plaintiff reported 206,825,542 won of the outstanding amount receivable and 40,800,011 won of the outstanding amount receivable, as above, in the bankruptcy proceeding of the said Incheon District Court 2018Hau2, and damages for delay, as bankruptcy claims, but the Defendant raised an objection against the said bankruptcy claims of the Plaintiff at the claim inspection date held on April 30, 2018.”

O. The fourth sentence of the first instance judgment shall be amended as follows:

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 24, the purport of the whole pleadings]

2. The court's explanation of this part of the judgment on this issue is identical to the corresponding part of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Determination as to the claim on the principal lawsuit

A. On December 14, 2015, the Plaintiff acquired the outstanding claim amounting to KRW 221,825,542 from Tech to the Defendant from December 14, 2015. On the same day, Tech notifies the Defendant of the assignment of the instant claim and received the notification to the Defendant around that time. As seen earlier, the Plaintiff becomes the Defendant’s advance payment of KRW 15,000,000 out of the outstanding claim amount.

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