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(영문) 서울중앙지방법원 2018.09.11 2018나9042
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On November 6, 2012, the Defendant entered into a contract to delegate a lawsuit as follows with respect to rehabilitation cases filed by D (hereinafter “D”) with the Jeonju District Court 201 Gohap9 (hereinafter “D”) among attorneys-at-law, and with respect to rehabilitation cases filed by D (hereinafter “D”).

(hereinafter referred to as “instant delegation contract”): 10,000,000 won (payment on November 7, 2012): 20,000 won (within one month after the completion of rehabilitation after the date of the decision on authorization of rehabilitation): 1) The scope of delegation; 20,000,000 won (within one month after the completion of rehabilitation after the date of the decision on authorization of rehabilitation); 2) the official activities of the E company as a collateral creditor in D rehabilitation procedures; 3) the re-preparation or examination of the draft rehabilitation plan as a collateral creditor; and 4) the work to enable the decision on authorization of D rehabilitation plan after the decision on

B. From November 18, 201 to November 6, 2013, the Plaintiff served as office staff at the legal office of the C-at-law, and served in the F-law firm from December 6, 2013 to December 6, 2013.

C. On September 11, 2015, C entered into an agreement on the assignment of claims between the Plaintiff and the Plaintiff on the assignment of claims between “all contingent fees to be paid by the Defendant under the instant delegation agreement” as the assignment of claims subject to assignment (hereinafter “instant claims”), and notified the Defendant of the fact of the assignment of claims on November 26, 2015.

[Ground of recognition] Each entry of Gap evidence 1 to 3 and 16 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that: (a) the Defendant acquired at least KRW 1,500,00,00 from D’s rehabilitation security creditors E to obtain management rights; and (b) entered into the instant delegation agreement with C on the progress of the rehabilitation procedure; and (c) C, by performing duties accordingly, shall be able to become a joint custodian of D’s management administrator G; and (d) the rehabilitation procedure as of June 12, 2014, in cooperation with G, is determined to terminate the rehabilitation procedure.

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