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Reasons
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(영문) 인천지방법원 2013.07.31 2012가합7300
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 22, 2011, Nonparty C and the Plaintiff concluded a contract to transfer KRW 600,000,000 to the Plaintiff out of Nonparty C’s credit against the Defendant (hereinafter “instant transfer of credit”).

Things C notified the Defendant of the assignment of the instant claim by content-certified mail on March 23, 2011, but the notification was not delivered to the Defendant.

On April 1, 2011, Non-Party C filed a lawsuit against the Defendant seeking the return, etc. of investment profits from the Quarrying development projects, including D 22,296 square meters of forest land in Incheon Reinforcement-gun of Construction (In Incheon District Court Decision 201Gahap5208), and on August 17, 2011, the Plaintiff’s act of provisional disposition and provisional disposition against Incheon Reinforcement-gun;

2. The Plaintiff prepared a power of attorney (No. 2-1 and No. 2-1, hereinafter “the power of attorney of this case”) that delegates “all agreed matters according to the agreement with the Defendant in accordance with the judgment (unlawful Enrichment and Compensation for Damages). The Plaintiff and the Plaintiff, on March 13, 2012, entrusted the Defendant with the power to notify the assignment of the instant claim, so the Plaintiff, on behalf of C, notified the Defendant of the assignment of the instant claim

“The content-certified mail” was sent along with the power of attorney of this case, and reached the Defendant at that time. B. (i) The progress of the lawsuit between C and the Defendant was completed, and (ii) June 1, 2012 to the Defendant.

1. The authority to delegate the cancellation of provisional disposition prohibiting the disposal of DD, Incheon Metropolitan City;

2. Although civil litigation (201Gahap5208) and agreed matters with the Defendant were delegated to the Defendant, the Plaintiff’s failure to perform the Plaintiff’s promise was disqualified in entirety.

“The content-certified mail” was sent on August 15, 2012, to the effect that “the assignment of claims was terminated due to the Plaintiff’s nonperformance of the Plaintiff’s promise,” and that the content-certified mail was sent to the Defendant around that time.

Things C on July 20, 2012 to the defendant from the Incheon District Court on July 20, 200.

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