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(영문) 부산지방법원서부지원 2019.02.19 2018가단6486
양수금 등
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On January 20, 2016, the Plaintiff: (a) asserted that he/she acquired the claim amounting to KRW 50 million from Nonparty Co., Ltd. to the Defendant on or around June 15, 2018; (b) filed a claim for payment of the transfer money against the Defendant by asserting that he/she notified the transfer of the said claim and the transfer of the said claim; (c) there is no evidence to acknowledge such assertion; (d) [No. 2 of the Plaintiff submitted by the Plaintiff, there is no evidence to acknowledge the claim (a contract for the transfer of the claim), stating that the transfer claim is not the settlement of the contract price, but the transfer claim is not the settlement of the contract price, and there is doubt as to whether the said contract was made by the representative of the said company (the nominal owner is not the representative director, but the Plaintiff

3) Although there is no evidence to acknowledge that the notice of assignment of claim was delivered to the defendant (the plaintiff asserts that the notice of assignment of claim of this case is substituted by the notice of assignment of claim of this case by the delivery of a duplicate of the complaint of this case, there is no evidence to

[2] The plaintiff's assertion is without merit.

2. The Plaintiff asserts that a loan claim was lent KRW 500,00 to the Defendant.

According to the statement in Gap evidence No. 4, the plaintiff can be acknowledged that the plaintiff remitted 500,000 won to the defendant on December 24, 2015, but there is no evidence to acknowledge that the above money is a loan.

Therefore, the plaintiff's above assertion is without merit.

3. In conclusion, all of the Plaintiff’s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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