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(영문) 인천지방법원 2019.11.07 2019나51454
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the underlying facts is that the following is added to the second and second 21 of the judgment of the court of first instance, and that the second 22 of the judgment [based grounds for recognition] is the same as the corresponding part of the judgment of the court of first instance, in addition to adding “A 5 and 6 evidence” to the column for second 22 of the judgment. Thus, it is acceptable in accordance with the main sentence of Article 420 of

【Supplementary Part】

D. On June 26, 2019, the Plaintiff, who is delegated with the power to notify the assignment of claims by C, withdrawn the assignment of claims of this case, and C submitted to this court a letter of withdrawal of the contract for the transfer of claims to confirm that it is impossible to file any claim against the Defendant, such as collection under the said contract.

On June 27, 2019, the letter of withdrawal of the above credit transfer contract was served on the defendant on June 27, 2019 through service by public notice, and was sent to the defendant on the second day for pleading in this Court

2. The notification of the assignment of claim as to the cause of claim is the notification of the assignment of claim to the obligor by the obligee, who is the transferor, to the obligor, and this becomes effective upon arrival of the obligor. Here, the arrival refers to the situation in which the obligor is deemed to be able to take the gist

(see, e.g., Supreme Court Decision 97Da31281, Nov. 25, 1997). In a case where a notice of assignment of claims is submitted with a documentary evidence or such documentary evidence is served on the defendant in the course of litigation, the notice of assignment of claims shall be deemed to have been given.

(2) According to the reasoning of the lower judgment, the Plaintiff’s loan claim against the Defendant under the loan agreement of this case was transferred to C on April 14, 2010. Around June 2019, the Plaintiff transferred the said claim to the Plaintiff. The Plaintiff appears to have lawfully notified the Defendant of the re-transfer of the said claim as a private person or representative of C, and the re-transfer of the said claim to the Defendant.

Therefore, the defendant shall make a loan to the plaintiff 100.

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