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Reasons
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(영문) 서울고등법원 2016.03.10 2015나25008
각서금
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Facts of recognition;

A. Defendant B delivered 130,000,000 won at face value per unit of 10,000 won to D and borrowed the money. On February 9, 2001, Defendant B agreed to pay KRW 125,000,000 to D by December 31, 2004, and Defendant C jointly and severally guaranteed the above agreed amount obligations of Defendant B.

(B) The Plaintiff’s claim against the Defendants against the Defendants against the Defendants against the said Defendants (hereinafter “instant contract deposit claim”).

D On January 23, 2002, on the part of the Defendants, transferred the instant contractual deposit claim against the Defendants to Baddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

After that, the new century, as the Defendants did not recover the claim of this case against the Defendants, the new century rescinded the agreement on the assignment of claims between D and D, and notified the Defendants of the cancellation of the contract on the assignment of claims.

C. On May 10, 2007, D transferred the instant contract deposit claims to E, and notified the Defendants of the assignment of claims, but the Defendants asserted that E could not repay to E and would be repaid to D, and E rescinded the agreement on the assignment of claims between D and D on June 26, 2007, and notified the Defendants thereof.

D. Defendant B prepared and delivered to D on June 26, 2007 a letter of undertaking to pay KRW 10,000,000 to D until June 28, 2007, and the Defendants paid KRW 10,000,000 to F’s account, which is his father and wife, respectively.

E. On February 2, 2015, D transferred the instant contractual claim against the Defendants to the Plaintiff on February 2, 2015 (the Plaintiff was written in the warden as of February 2, 2005, but it is apparent that it is a clerical error). On February 4, 2015, D notified the Defendants of the said assignment by content-certified mail with a fixed date date.

[Ground of recognition] dispute.

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