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(영문) 서울동부지방법원 2016.11.03 2015가단48604
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On April 24, 2013, the Plaintiff asserted that he/she received KRW 35,000,000 from the lessee C to the Defendant, a lessor, from the lessee C, and at that time, C notified the Defendant of the assignment of the above claim.

Since the lease contract between C and the defendant has been terminated, the defendant is obligated to return 35,000,000 won out of the lease deposit to the plaintiff.

(b) The transferor cannot set up against the obligor or any third person unless the obligor has notified the obligor of a nominative claim or has given his consent.

(Article 450(1) of the Civil Act. Each of the records in the health care unit, Gap 1 and 2 with respect to the instant case alone is insufficient to deem that Eul notified the defendant of the assignment of such assignment, or that the defendant consented to the assignment of such assignment, and there is no other evidence to prove otherwise.

Rather, according to the witness C’s testimony, C, the assignee of the above assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the above assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the claim,

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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