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(영문) 서울중앙지방법원 2016.09.09 2016가단5088021
채권양도 등
Text

1. The Defendant transferred the claims indicated in the attached list to the Plaintiff, and the above claims to the Plaintiff at E.S. Corporation.

Reasons

1. In full view of the purport of the arguments as to Gap evidence Nos. 1, 2, 3, and 6, the defendant, on February 9, 2009, issued a claim attachment and assignment order (hereinafter "the assignment order of this case") as to the claim on the claim on the attached Form No. 2009, 1128 by designating the debtor and the third debtor as the plaintiff and the third debtor as EP Corporation on February 9, 2009 and received the claim attachment and assignment order (hereinafter "the assignment order of this case"), and around June 19, 2009, the above assignment order became final and conclusive, but the plaintiff paid the defendant a full payment of the money under the above payment order to the defendant on June 2003.

Therefore, the defendant acquired the claim of this case in relation to the plaintiff without any legal ground, and according to the above evidence, the defendant can recognize the fact that the claim of this case has not yet been collected. Thus, the defendant has a duty to return unjust enrichment by transferring the claim of this case to the plaintiff and to notify the transfer of claim to the Eul Corporation.

(See Supreme Court Decision 2009Da37725 Decided December 23, 2010). 2. The Plaintiff’s claim is justified.

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