logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.21 2015가단32024
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Ⅰ As the primary cause of claim of this case, the Plaintiffs, who are creditors of D, formed a joint collection agreement around April 30, 2015, and take over the claims against the Defendant from D, and notified the Defendant to each school under the Defendant’s control upon delegation of D, the Defendant asserts that the Defendant is liable to pay each of the above claims acquisition amount of KRW 48,858,850 and interest in arrears.

On February 18, 2016, the plaintiffs withdrawn their arguments related to the joint collection agreement on February 18, 2016 at the date of the fourth pleading of the instant case. Thus, without having to separately determine the existence of the above bonds acquired, the allegation of the primary cause of claim in the instant case is without merit.

Ⅱ Judgment on the Grounds of Preliminary Claim

1. Basic facts

A. By April 30, 2015, Plaintiff D’s obligation D with Plaintiff Seabs and D with food materials supply obligation, Plaintiff Seabs had borne KRW 27,665,068, and KRW 25,712,000 for Plaintiff Seabs.

B. Around April 30, 2015, D’s assignment of claims to Plaintiff Seaps, etc. transferred claims to the claim group of D, including Plaintiff Seaps, to the Defendant’s schools under the jurisdiction of D (hereinafter “transfer of claims”). Plaintiff Seaps, who was delegated by D with the notification of the assignment of claims, notified the Defendant to the Defendant’s schools under its jurisdiction on May 1, 2015, and the said notification of transfer reached each school on May 4, 2015.

C. As of April 27, 2015, the claims recognized against D’s Defendant for a school affiliated with D as of April 27, 2015 are as indicated in the corresponding part of D’s “amount of claims” as indicated below, and the money deposited to D in each of the schools prior to the assignment of the instant claim is as listed in the corresponding part. The money deposited in the Defendant’s school after the assignment of the instant claim is recorded in the corresponding part. The money deposited in the Plaintiff’s school affiliated with D’s name is indicated in the corresponding part as indicated below.

arrow