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(영문) 수원지방법원안산지원 2014.10.07 2013가단111149
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that the Defendant should pay the above amount to the Plaintiff on June 17, 2013, as the Plaintiff acquired 43,000,000 won out of the claims against the Defendant under the purchase contract of May 20, 2013.

The assignment of nominative claim can not be set up against the obligor unless the transferor notifies the obligor or accepts the obligor (Article 450 of the Civil Act), and as to the fact that A, the transferor, notified the Defendant of the above transfer or consented by the Defendant, it is insufficient to recognize it only with the statement of evidence No. 8, witness B, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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