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(영문) 서울고등법원 2016.12.22 2016나2049038
기타(금전)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The grounds for the court’s explanation concerning this case, such as accepting the judgment of the court of first instance, are the same as the reasoning of the judgment of the court of first instance, except for the modification of the pertinent part of the judgment of the court of first instance as stated in the following 2. Thus, it shall be cited as it is

2. Revised parts

(a) “Defendant A with the third three pages” is amended to “Defendant A with the first instance co-defendant A”;

(b) revise the 3rd and fourteen parallel National Health Insurance Corporation “Defendant National Health Insurance Corporation” to “National Health Insurance Corporation for Joint Defendant in the first instance trial”;

(c)all revisions to “Defendant A”, which is scattered in the first place from 3 to 5, to “Codefendant A of the first instance trial,” and “Defendant Corporation” to “Codefendant A of the first instance trial,” respectively.

D. The 4th 3th 4th 2th 4th 4th 2th 4th 4th 4th 4th 4th 4th 4th 4th 7

(e) Change from 4th 9th to 4th eth e.g. “2. judgment”

(f) eliminate 5-100,000,000

(g) eliminate the 4 line below the 5th page.

H. Article 449(2) of the Revised Civil Code provides that “a claim shall not be assigned if the parties have expressed their opposing intent, but shall not be set up against a third party acting in good faith, with such declaration of intention.”

Where a third party takes over a claim from a creditor, the debtor may set up against the transferee who is aware of the existence of a special agreement prohibiting the assignment of claim, or the assignee who is grossly negligent when he/she was unaware of the existence of such special agreement. The term " gross negligence" in this context means that the existence of such special agreement is not known because he/she did not exercise due care, even though he/she could easily be aware of the existence of such special agreement, if he/she did not exercise due care, and the third party's bad faith or gross negligence is a person who intends to set up against the assignee by a special agreement prohibiting

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