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(영문) 서울중앙지방법원 2021.03.11 2020가단5093624
양수금(일부금)
Text

1. The defendant is based on the ratio of 50,000,000 won to the plaintiff and 12% per annum from March 7, 2020 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings, an application for the attached Form may be recognized as having been entered in each of the statements in Gap evidence Nos. 1 through 17 (including various numbers) as to the cause of the claim.

2. Judgment on the defendant's assertion

A. The Defendant, upon obtaining a loan from C Bank, has obtained a guarantee from the Credit Guarantee Fund (hereinafter “New Credit Guarantee Fund”). The Defendant asserted that the Plaintiff, who received a claim from C Bank, was to exercise a claim against the Defendant even though C Bank had no claim to recover the claim due to its repayment in lieu of New Credit Guarantee Fund, even though C Bank had already recovered the claim due to its repayment in lieu of New Credit Guarantee Fund, was entitled to exercise a claim against the Defendant. However, C Bank’s claim for a loan against the Defendant of C Bank was only less than the amount claimed by the Plaintiff

There is no evidence to view that there is no evidence.

B. The defendant was not notified of the transfer of each claim.

The argument is asserted.

Therefore, the notification of the transfer of a claim is effective when the transferor's notification is delivered to the obligor with the notification of the concept informing the obligor that the transferor transferred the claim to the obligor. Here, the arrival refers to the situation in which the obligor is recognized to have been in an objective condition by which the content of the notification was known (see Supreme Court Decision 4293Hun-Ga455 delivered on December 15, 1960), and it is reasonable to view that the obligor was in an objective condition by which the content of the notification is known when the notice of the transfer of the claim is submitted in a documentary evidence and is served on the obligor.

In this case, on November 19, 2020, the Plaintiff issued a notice of transfer of each claim in the form of a document attached to his preparation document, which was served on the Defendant, so the notice of transfer of each claim was lawful.

(c)

Also, the defendant was declared bankrupt.

However, according to the evidence No. 11, the defendant is declared bankrupt by Suwon District Court 571 at the bottom of 2019.

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