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(영문) 대전지방법원천안지원 2015.11.25 2014가단109415
양수금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' claim for the M&AE (hereinafter "E") is as follows:

As described in paragraph (1), E holds the claims against the Defendants, and E holds the following claims against the Plaintiffs:

The Defendants are obligated to pay the amount of claims E to the Plaintiffs, inasmuch as they transferred their claims and notified the Defendants thereof as described in paragraph (1).

E's claims against the Defendants were collected management expenses from the apartment residents as the managing body of the D Apartment in Seo-gu, Seoan-gu, Seoan-gu, Incheon, the 2000, and stored in the passbook in the name of the Defendant C, but it was transferred to the Defendant D's Residential Self-Governing Council around 201.

At the time of transfer of management authority, E had a claim of 40,344,590 for unpaid management expenses for some of D residents (101 Dong 32, 102 Dong 17 households), and there were 14,404,809 for the management expenses paid in the passbook in the name of the defendant C who kept D management expenses.

Nevertheless, E paid the amount of management expenses equivalent to the sum of KRW 40,344,590, and KRW 14,404,809, and KRW 54,749,399 ( KRW 40,344,590, KRW 14,404,809), in which some of the residents of D (101, 32 households, 102, and 17 households) were unpaid management expenses, in lieu of the Defendants to the Korean Power of creditors of the apartment and individual electricity.

Therefore, E has a claim for reimbursement of KRW 54,749,399 against the Defendants, and the Defendants must pay it jointly and severally.

B. The plaintiffs' acquisition of claims and E's notification

Of the claims described in paragraph (1), Plaintiff A acquired the claim from Plaintiff A with respect to KRW 44,00,000, and Plaintiff B with respect to KRW 10,000,000, respectively, on May 20, 2014, and E notified the Defendants of the transfer of the claim around that time.

2. Determination:

A. We examine whether the “E’s claim for indemnity against the Defendants” that the Plaintiffs acquired as priority exists.

E In order to have the claim for indemnity against the Defendants, the Defendants are liable for common use of apartment units and individual electricity charges in the amount of KRW 54,749,39.

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