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(영문) 서울중앙지방법원 2020.06.09 2017가합589110
양수금 등 청구
Text

1. The Defendants jointly and severally agreed on KRW 802,547,750 and KRW 800,00,000 among them to the Intervenor succeeding to the Plaintiff.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

A. The part on the defendants among the grounds for the claim's indication and the grounds for the application for intervention in succession is as shown in the attached Form of the claim.

B. Article 208 (3) 2 of the Civil Procedure Act of the judgment to recommend confession

2. Comprehensively taking account of the purport of the entire pleadings in the Plaintiff’s claim Nos. 1 and 2, the Plaintiff entered into a payment contract with the Plaintiff’s succeeding intervenor on September 20, 2018 and transferred the claim against Defendant B and the joint and several surety claim against the Defendant C, such as the entry of the cause of the claim in the separate sheet, and around October 5, 2018, notified the Defendants of the transfer of claim.

According to the above facts of recognition, the plaintiff is no longer a creditor against the defendants, and the plaintiff's claim of this case is rejected without examining further.

3. Thus, the plaintiff's claim against the defendants by the plaintiff succeeding intervenor is justified, and the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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