logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.10.21 2016나2187
양수금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The plaintiff asserts that D's claim for loans of KRW 15,00,000 against the defendants was acquired by transfer and the payment is sought.

The Defendants asserted that: (a) borrowing KRW 15,00,000 from D is Defendant B; (b) Defendant C did not borrow the above money; and (c) D unilaterally transferred its claim without consultation with the Defendants.

2. Determination

A. The Defendants, while maintaining a de facto marital relationship, are operating “F” in the name of the Defendant E and the first floor in Seoul Special Metropolitan City, Gwangjin-gu, and the first floor. 2) D, on July 1, 2014, remitted KRW 2,000,000 to the Defendant C’s account in the name of the Defendant C, and KRW 10,000,000 to the Defendant C’s account on July 8, 2014, and KRW 3,000,000 to the Defendant’s account on July 11, 2014.

3) On July 13, 2015, D transferred the Defendants’ loan claim amounting to KRW 15,000,000 to the Plaintiff. D notified the Defendants of the transfer of the said claim on July 14, 2015, and the notice reached the Defendants around that time. [The fact that there is no dispute over the fact of recognition, the entries in subparagraphs 1, 2, and 3, and 4-12, and the purport of the entire pleadings, as a whole.

B. According to the facts of recognition as above, the Defendants are jointly and severally liable to pay the Plaintiff the above amount of KRW 15,000,000 and damages for delay calculated by the rate of 15% per annum from December 1, 2015 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

On the other hand, since the assignment of claims does not require the consent or consent of the debtor, the argument that D unilaterally transferred the claim does not constitute a justifiable reason to dispute the plaintiff's claim.

3. The plaintiff's claim against the defendants is accepted in its reasoning, and the judgment of the court of first instance is just in its conclusion, and the defendants' appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

arrow