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(영문) 서울중앙지방법원 2018.11.01 2018나32943
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 141,473.

Reasons

1. The reasons for this court's explanation are the same as the reasons for the judgment of the court of first instance, in addition to the parts written or added by the court of first instance under Paragraph 2 below, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

(a) column 5 of the judgment of the court of first instance (including separate numbers) “Ap. 1-7 (including separate numbers)” means “Ap. 1-8 (including separate numbers),” respectively;

(b)as of the third third decision of the first instance, the following shall be added:

[F. The plaintiff succeeding intervenor acquired each of the claims against the defendant of this case from the plaintiff on January 26, 2008.]

(c) in Part 3, 19 of the judgment of the first instance court, “Plaintiffs” shall be read as “Plaintiffs succeeding to the Plaintiff.”

On the third page of the decision of the first instance, the following shall be added:

“On the other hand, the Plaintiff already transferred the claim against the Defendant to the Intervenor succeeding the Plaintiff, and thus, the Plaintiff’s claim is without merit.”

(e)on the sixthth decision of the first instance court, the following shall be added:

“4) Although the Defendant asserted that the Plaintiff renounced each of the instant claims for transfer money, there is no evidence to acknowledge it.

5. On January 26, 2018, the Defendant had already transferred the claim of the Plaintiff’s succeeding intervenor to the Plaintiff on January 26, 2018, and had already been sentenced to the judgment of the first instance court in the status other than the obligee. Therefore, the judgment of the first instance is null and void, and the Plaintiff’s succeeding intervenor also acquired the claim of the above transfer from the Plaintiff prior to the commencement of the trial proceedings, and thus, the Plaintiff’s claim of the Plaintiff’s succeeding intervenor and the Plaintiff’s succeeding intervenor should be dismissed.

In this case, while the Plaintiff already transferred each of the claims for the transfer money of this case to another party, the Plaintiff’s claim for the transfer money of this case against the Defendant.

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