logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.11 2018가합3149
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On November 30, 2017, the Defendant asserted that the Plaintiff had the same claim as the details of the claim subject to assignment in the separate sheet against the Plaintiff. On December 27, 2017, the Defendant and D Co., Ltd., an asset transfer agreement entered into between the Defendant and D Co., Ltd. and December 27, 2017, and an asset transfer agreement entered into between the Defendant and D Co., Ltd., and C Co., Ltd., assigned the Defendant’s above claim subject to transfer to C Co., Ltd. by content-certified mail (hereinafter “instant claim transfer notification”). The Defendant sought confirmation that the above claim subject to transfer as stated in the instant claim transfer notification was not duly formed since the Defendant falsely prepared

The Plaintiff stated in the purport of the instant claim that “the instant notice of assignment of claims is not genuinely formed,” but according to the cause of the claim, the Plaintiff appears to seek confirmation of the said assignment of claims as stated in the instant notice of assignment of claims.

2. The lawsuit for confirmation of the legitimacy of the lawsuit in this case is permitted when there is a legal interest to immediately determine the existence of present rights or legal relations, and the lawsuit for confirmation of the authenticity of the deed is whether the document solely proves the rights or legal relations has been prepared by the person who prepared it, and it is not allowed to file a lawsuit for confirmation of whether the contents in the document are consistent with objective truth (see, e.g., Supreme Court Decision 88Meu4710, Feb. 14, 1989). It is not about whether the plaintiff's claim for confirmation of the illegality of the claim subject to assignment stated in the notice of assignment of the claim in this case is not about whether the document was prepared by the person who prepared it, but about whether the contents of the document are consistent with objective truth.

arrow