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(영문) 서울북부지방법원 2019.03.05 2018가단19733
채권양도무효
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. As of August 5, 2013, transferor D, transferee C, and transferee D have against the Plaintiff, and on May 28, 2007, 61 of the promoters of the Housing Reconstruction Improvement Project who conducted the Housing Reconstruction Project were to compensate for the amount borrowed from D under the pretext of management and operation expenses, etc., the assignment of claims with KRW 1,50,000 among the claims based on the provisional contract added to D (Evidence 2) and the notice of assignment of claims in D’s name on the same date and on the same date, the transferor D, transferee, Defendants, and transferee D with the Plaintiff as of May 29, 2013, respectively, written the assignment of claims (Evidence 6) and the notice of assignment of claims in D’s name as of May 29, 2013, respectively.

B. On July 2013 and August 2013, the Defendants filed a lawsuit against the Plaintiff seeking payment of KRW 185 million (Seoul Western District Court 2017Gahap1660) by asserting that Defendant C acquired KRW 195 million, which is a part of the loan claims they own against the Plaintiff from E Co., Ltd (hereinafter “E”) and D (Seoul Western District Court 2017Gahap1660).

C. The plaintiff in the above case A

The contract for the assignment of claims and the notice of the assignment of claims indicated in the claim are documents prepared at will by Defendant B without the permission of Defendant D, and do not exist any actual fact of the assignment of claims, and there was no legitimate notification of the assignment, so the assignment of claims to Defendant C and the notice of the assignment of claims to the Plaintiff were not accepted but not accepted.

On September 6, 2018, the Seoul Western District Court sentenced Defendant C to the effect that “the Plaintiff shall pay the acquisition amount of KRW 185 million and the delay damages therefor to Defendant C,” and the two appeals are pending with Seoul High Court Decision 2018Na10380.

E. On October 5, 2018, the Plaintiff asserted that each of the above assignment contracts and the notice of assignment of claims was false without Defendant B’s consent or delegation, and sought nullification of the assignment of claims.

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