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(영문) 서울동부지방법원 2014.03.14 2013가합9626
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 7, 2012, the non-party 118,470,00 won for the Defendants and the construction cost claim against the Handong-dong site (hereinafter “instant construction claim”) was transferred to the non-party 3 S&S Construction Co., Ltd. (hereinafter “C&S Construction”), and the Ora Construction notified the Defendants of the assignment of the above assignment, and around that time, notified the Defendants of the assignment of the assignment, and then the notification of the assignment of the assignment was sent to the Defendants.

B. After that, C&S Construction, on January 15, 2013, sent to the Plaintiff a document to the effect that the said obligation was transferred to the Plaintiff (hereinafter “transfer of the instant obligation”) and C&S Construction notified that the instant obligation was transferred at that time, by content-certified mail, but the Defendant B and C were missing, and each of the above content-certified mail was not sent to Defendant D due to the refusal to receive the instant obligation or the absence of closure.

[Ground of Recognition] Regarding Defendant B: Service by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): The non-contentious facts as to Defendant C and D, each entry of evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Although the content-certified mail that notifies the Plaintiff that the assignment of the claim in this case was made is not served on the Defendants, the Defendants received a duplicate of the complaint in this case and received the notice of the transfer of the claim in this case, so the Defendants are jointly and severally liable to pay the Plaintiff, the assignee of the claim, the amount of KRW 118,470,000, and the delay damages.

B. As seen earlier, the assignment of the instant claim to the Plaintiff, which was transferred by C&S Construction, was transferred to the Plaintiff by re-transfer of the instant claim for construction cost.

However, the assignee of the obligation.

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