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1. The request is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff alleged that the Plaintiff received KRW 62,442,605 from A and the Defendant for the outstanding amount transacted until June 10, 2010 in accordance with the contract for the transfer and takeover of the claim between A and the Defendant on November 1, 2004, and thus, the Defendant asserts that the Plaintiff should pay the said amount to the Plaintiff.
2. We cannot accept the Plaintiff’s claim for the following reasons.
First, the claims that the Plaintiff acquired on November 1, 2004 were not specified.
The certificate No. 3 (Contract for Transfer and Receipt of Bonds) is written as follows:
The transferor of the contract for transfer and takeover of bonds: B transferee: The indication of the claim to be transferred to Gyeongm Chemical Company
1. The assignor has vowed to transfer the assigned obligation to the assignee;
On November 1, 2004, the transferor: A (a) transferee: A (a) may transfer the right in a case where the basic claim relationship of a light chemical, stock company (a seal) becomes final and conclusive to some extent at the time of transfer and it is expected that the right will be specified and that it will be generated in the near future.
The claims to be transferred should be specified as creditors, debtors, kinds of claims, causes, date and time of occurrence, details of payment, amount of payment, due date, etc.
However, it does not completely specify who is the debtor, the cause of the occurrence, and the content of the payment.
Therefore, the agreement on the transfer of claims between A and the plaintiff with respect to unspecified claims is null and void.
Second, the notice of assignment of claims should be valid for the transferor of claims.
However, there is no evidence that the transferor(B) notified the transfer.
Although the Plaintiff, a transferee of claims, notified the Defendant of the fact of transfer of claims and the Defendant knew of the fact of transfer of claims, the Plaintiff cannot oppose the transfer of claims to the Defendant unless the Defendant recognizes the transfer of claims.
However, the defendant does not recognize the transfer of claim in the argument of this case.