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(영문) 의정부지방법원 2017.11.30 2017나207681
양수금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant (Counterclaim plaintiff) added at the trial of the case to the plaintiff (Counterclaim defendant).

Reasons

1. As a result of examining the defendant's grounds for appeal citing the judgment of the first instance and the evidence submitted by the parties, the court's reasoning concerning this case is as follows. The part as stated in the 5th, 6, and 10th, of the judgment of the first instance is as follows, and the defendant's additional assertion and counterclaim are as stated in the reasoning of the judgment of the first instance except for the defendant's determination as to the additional assertion and counterclaim, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that "the defendant set up against C each of the claims listed below against C as the automatic claim against C, which offsets the claim against the transferee's of this case.

The amount of claim No. 1, 2013, 27452 and the amount of claim No. 42,00,000 and the amount of claim No. 2,201,490 and the amount of claim No. 3 in the case No. 2013,51,490 and the amount of claim No. 25,000 in the case No. 2013 and No. 86807 decided No. 2013 and the amount of claim No. 43 in the case No. 25,808,300 acquired by payment to H by the High Government District Court 1,80,300 and the amount of claim No. 500 in the case No. 2013 and its incidental claim No. 19,800,000 and overdue interest accrued to the defendant by subrogation to H may be set-off by the obligor until the transferor is notified by the transferor.

(See Supreme Court Decision 83Meu288 delivered on September 11, 1984). In light of the above legal principles, the assignment of claims in this case by health units and C.

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