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(영문) 서울고등법원 2015.12.23 2012나61171
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. The reasons for this part of the facts of recognition are as follows, and this part of the facts are cited by the main sentence of Article 420 of the Civil Procedure Act, since the reasoning for the judgment of the first instance is the same as the corresponding part of the reasoning for the judgment.

On the 2th of the first instance judgment, “transfer” shall be added to “transfer” (hereinafter referred to as “the first assignment of claims”) after the second instance judgment.

Part 19 of the judgment of the first instance court is to add “C” and “A notice of transfer” to “a claim for service fees of KRW 1.57 billion” under the assignment contract (Evidence 3-1 of the evidence).”

On the 3th of the judgment of the first instance court, the "transfer" of the 4th of the judgment, and "the second assignment of claims" after "the second assignment of claims".

In addition, “A” shall be added to “3 pages 3-1 (the bond transfer and takeover contract, and the bond transfer and takeover contract,” as “A evidence 3-1, 2-2 (the bond transfer and takeover contract, and the notice of credit transfer”). Each “the above bond transfer and takeover contract,” in the first instance court’s 3-20, 21-2, and 4-1, shall be deemed as “the letter of credit transfer and takeover contract and the notice of credit transfer,” respectively, and the “3-2, 3-2, 4-2” in the second instance judgment shall be deemed as “3-3,” and the “the certificate of credit transfer and takeover” in the second instance judgment is deemed as “the certificate of credit transfer and takeover” in the second instance court’s 21-3, 3-21.

“A shareholder who was transferred all shares and the right of management and was in a position to exercise the right of management as a de facto representative, and I was allowed to use the name of the representative director C and the corporate seal.

"Ero-friendly".

2. Determination

A. According to the above facts, 1.5 billion won out of C’s service fees claim against the Defendant was transferred in sequential order to E and G, and 544 billion won out of them were transferred to G again to the Plaintiff. Thus, barring any special circumstance, the Defendant is obliged to pay to the Plaintiff service fees of KRW 544 billion and damages for delay. 2) As to the cause of the claim, the Defendant is liable to pay to the Plaintiff the service fees of KRW 544 billion, and damages for delay.

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