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(영문) 서울중앙지방법원 2020.12.01 2019가단5117685
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. The claim shall not be transferred where the parties have expressed their dissenting opinions.

However, such declaration of intention cannot be set up against a third party acting in good faith.

(Article 449(2) of the Civil Act. If a party expresses his/her opposition to transfer (hereinafter “special agreement prohibiting transfer”), the claim shall lose its transfer.

In the event that a claim is transferred to a third party in violation of a non-assignment agreement, the effect of the transfer of the claim shall not accrue if the assignee knew of, or was grossly negligent

(See Supreme Court Decision 2016Da24284 Decided December 19, 2019 (see, e.g., Supreme Court Decision 2016Da24284, Dec. 19, 2019). Examining the overall purport of the pleadings in the evidence Nos. 1 through 5, C Co., Ltd. (hereinafter “C”) may recognize that part of the claim for construction price under the D Office Newly Building Contract between the Defendant, etc. was transferred to E (hereinafter “E”) with the Defendant, etc., and E re-transfer part of them to the Plaintiff. A written notice of assignment of claims is accompanied by the said written contract between the Defendant, etc. and the Defendant, etc., and the said written contract provides that “the rights or obligations arising from this contract may not be transferred or delegated to a third party: Provided, That the same shall not apply where a written consent of the other party and the consent of

According to the facts found above, unless there is evidence that the defendant's written consent was given, C has transferred its claim to a third party in violation of a non-assignment agreement, and in light of the fact that the contract itself, which is the document constituting the cause of the claim, stipulates a non-assignment agreement, the obligee E and the plaintiff were aware of, or did not know by gross negligence, that the non-assignment agreement

The defendant's assertion that points this out.

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