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(영문) 대구지방법원 2017.04.13 2016가단118360
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff supplied goods of USD 90,950 from January 2014 to April 2014.

On June 2, 2014, New Asia entered into a contract with the Plaintiff to transfer USD 90,950 among the claims against the Defendant of New Asia-Tex. On June 2, 2014, New Asia-Tex notified the Defendant of the fact of transfer by sending to the Defendant a “contract for the transfer of claims” stating the same content.

Therefore, the defendant shall pay the above amount to the plaintiff.

2. The transferor shall not set up against the obligor or any third person unless the obligor has notified the obligor of a determined nominative claim or has consented thereto by the obligor.

In such cases, the notification may not be made if the transferor does not directly act, but may be made through the deceased or an agent, and the transferee of the claim may also be delegated with the authority to notify the assignment of claims from the transferor and notify the agent.

(2) In light of the above legal principles, it is difficult to view that the Plaintiff, the assignee of the claim, has notified the Defendant of the fact that the Plaintiff, as the assignee of the claim, sent to the Defendant the “Contract for Transfer of Claim” (Evidence A2) to the Defendant by content-certified mail. However, it is difficult to deem that the Plaintiff, as the assignee of the claim, notified the Defendant of the fact of transfer of claim as the agent

(3) In light of the above legal principles, the assignment of claims between the Plaintiff and the Plaintiff cannot be deemed lawful as having been notified to the Defendant, the obligor, and the Defendant.

The plaintiff's assertion is without merit.

3. Therefore, the plaintiff's claim is dismissed.

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