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(영문) 서울고등법원 2013.09.26 2012나48352
양수금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasoning for the court’s explanation on this part is that the part of “((a)” at the last 4th of the judgment of the court of first instance is “(a)” (hereinafter “the first assignment of claims”) and the part of “(b)” at the fifth and sixth assignment of claims is as indicated in the reasoning of the judgment of the court of first instance, except where “the second assignment of claims” is inserted after “the second assignment of claims” (hereinafter “the second assignment of claims, and the second assignment of claims”) is inserted after “the second assignment of claims” in the fifth and sixth assignment of claims, and thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff and the Defendant’s assertion 1) The Plaintiff asserted that C transferred the part of KRW 1.5 billion out of the service fees under the instant service contract to I, and that I re-transfer the above acquisition claim to the Plaintiff. The Plaintiff transferred part of KRW 54 million out of the above acquisition claim to M and held a claim for the remainder of KRW 956 million, while the reconstruction apartment was completed around September 201, and the payment date of service fees under the instant service contract has arrived. As such, the Defendant is obliged to pay the Plaintiff the service fees of KRW 956 million. 2) The Defendant’s assertion that the assignment of claims is null and void under the instant service contract.

The above assignment of claims is prepared by E, which is comprehensively delegated the power of the representative director C from F, and the representative director of the corporation cannot comprehensively delegate his authority to another person. While in the management transfer contract of this case, E was only authorized to restrict the final decision of the representative director with respect to F's external activities, E entered into the first assignment of claims by deviating from the agreement on the power of representation between F and F.

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