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(영문) 인천지방법원 2019.01.18 2018가단221385
집행문 부여의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Nonparty C Co., Ltd. (hereinafter “Nonindicted Bank”) filed a lawsuit against the Defendant for a loan claim against the Incheon District Court 2016 Ghana103821, and received a decision of performance recommendation on November 14, 2016 that “the Defendant shall pay to the Nonparty Bank KRW 9,99,519, and delay damages therefrom”.

In addition, the decision on performance recommendation was finalized on December 14, 2016.

B. On December 18, 2017, Nonparty bank, submitted by the Plaintiff on December 18, 2017, concluded an asset acquisition agreement (a contract written between Nonparty bank and the Plaintiff) on the Plaintiff’s certificate No. 3 was concluded on December 18, 2017 by the contract date.

However, the notice of assignment of claims (A No. 2) sent to the Defendant is written that the claim was transferred as of December 22, 2017 according to the contract for the purchase and sale of claims on December 15, 2017.

A. The Plaintiff’s status as the Defendant

On February 1, 2018, the claims indicated in the port were transferred, and the notice of the assignment of claims was sent to the defendant's domicile in Incheon-gu D and E. However, the above notice of assignment of claims was not served. (C) On the other hand, the defendant transferred on September 8, 2016 to Incheon-gu D and E, and made a move-in report to the "F" on March 14, 2018, which is the present domicile.

In addition, the copy of the complaint of this case was sent to the present address, but was not served.

[Reasons for Recognition] Each entry of Gap's 1 to 4, and a significant fact to this court

2. The transferor shall not be required to notify the obligor of the nominative claim, or set up against the obligor unless the obligor approves it.

(Article 450(1) of the Civil Act. However, according to the above facts, it cannot be said that the notice of assignment of claims issued by the non-party bank to the defendant is in an objective state where the defendant, who is the debtor, is able to know the contents of the notice under social norms, and thus, it cannot be said that

Furthermore, a person to whom a claim has been transferred.

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