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(영문) 서울고등법원 2017.01.12 2015나2055692
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Defendant.

Reasons

1. Facts of recognition;

A. On May 2012, the Plaintiff owned a claim for the amount of KRW 609,028,555 against S Co., Ltd. (hereinafter “S”).

R (corporate registration number: U, business registration number: V, location of place of business: W, and October 1, 2013, its trade name was changed to X; hereinafter referred to as “former R”) and its representative director, on May 25, 2012, jointly and severally guaranteed the Plaintiff’s obligation to pay for the goods.

B. Around June 2012, the Plaintiff and the former R made an agreement on the transfer of claims with the effect that “The transferor (former R) will transfer to the Plaintiff the bonds in the separate sheet (such as the existing claim and future claim) held by the transferor against the third obligor in order to pay to the transferee (the Plaintiff) the obligations that will be incurred at present and in the future.”

(hereinafter referred to as the “transfer contract of this case.” The partitions specifying transfer claims, such as the garnishee, representative, address, amount of credit, etc. in the list of Article 6, indicating the claim for transfer of the instant contract of this case, are classified as respective columns.

C. At the time of the instant assignment contract, R transferred to the Plaintiff the claim transfer contract and the notice of assignment of claims to the Plaintiff as collateral for the claims that may arise at present and future. When the principal fails to pay his/her obligations, refuses or delays the payment of the obligations, there is no objection even if he/she arbitrarily exercises his/her rights by stating the amount of the transferred claims and the third obligor, etc., and the principal grants the Plaintiff the right to notify the assignment of claims, and submits this certificate, and waives his/her right to appeal in accordance with the lawsuit.

Since the Gu R transferred to the Plaintiff the claims that the Plaintiff had with the “written notice of assignment of claims” at the time of the instant assignment of claims, it is in accordance with Article 450 of the Civil Act.

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