logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2017.06.07 2016가단1120
양도, 양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On November 30, 2012, the Plaintiff received from C the claim for the return of the lease deposit amount of KRW 45 million from C to the Defendant, and on December 4, 2012, notified the transfer of the claim to the Defendant. Thus, the Defendant asserts that the Plaintiff is liable to pay the acquisition amount of KRW 45 million and delay damages to the Plaintiff.

The transferor cannot set up against the obligor unless the obligor has notified the obligor thereof or the obligor has consented thereto.

(Article 450(1) of the Civil Act provides that the transferor shall notify the obligor of the fact that he/she has transferred his/her obligation to the assignee, and such notification takes effect upon arrival of the obligor, and the arrival of the notification refers to the situation in which the obligor is deemed to have been in an objective state where the content of the notification can be known in light of social norms

According to the health account, Gap evidence No. 2 and the purport of the entire pleadings as to the instant case, it may be acknowledged that C sent “B” on December 4, 2012 by means of registered mail, stating that C notifies the Plaintiff of the transfer of the claim for the refund of the lease deposit amounting to KRW 45 million. However, inasmuch as there is no evidence to deem that the notice of the transfer of claims became effective upon the arrival of the Defendant, the Plaintiff’s above assertion premised on the premise that C may be asserted against the Defendant by the occurrence of the validity of the notice of the transfer of claims.

The plaintiff's claim is dismissed as it is without merit, and it is so decided as per Disposition.

arrow