(영문) 인천지방법원부천지원 2016.11.24 2016가단10621

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(영문) 인천지방법원부천지원 2016.11.24 2016가단10621

양수금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On September 14, 2015, the Plaintiff asserted that KRW 52,041,00,000, out of the claim for construction price against the Defendant of the non-party company, was transferred by the non-party company (hereinafter “non-party company”) and thus, the Defendant is obligated to pay the Plaintiff KRW 52,041,00.

B. The transferor cannot set up against the obligor or any third party unless the obligor has notified the obligor or has consented to the assignment of the judgment nominative claim.

(Article 450(1) of the Civil Act provides that the Plaintiff, the assignee, requested the Defendant to pay the construction price to the non-party company directly to the Plaintiff on October 22, 2015. Furthermore, it is insufficient to deem that the non-party company, the transferor, notified the Defendant of the assignment of the claim, or the Defendant consented to the assignment of claim, and there is no other evidence to prove otherwise.

Even if the Defendant received the Plaintiff’s above demand for direct payment and expressed his/her intention for acceptance of the assignment of claims, according to the evidence No. 5, the Plaintiff again requested the Defendant to pay e-mail to the Defendant on October 30, 2015, with the content that “Seng Engineering (Nonindicted Engineering Co., Ltd.) was requested to pay us a direct payment, but it is recognized that the Plaintiff agreed to pay e-mail with the Defendant in a manner that directly pays e-mail in the reported plant (Defendant), and agreed to give e-mail in a manner that directly pays e-mail,” and if this is in the same circumstance, the Plaintiff renounced the exercise of the claim for the transfer of claims, and thus, the Plaintiff cannot assert the legal effect of the transfer of claims to the Defendant by presenting the above e-mail.

Therefore, the plaintiff's claim of this case cannot be accepted.

2. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민법 제450조 제1항

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