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(영문) 서울고등법원 2017.08.18 2016나2079091
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the dismissal of 3rd to 3rd to 1st 6th 1st eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.

2. Part 3. Determination

(a) Where a third party takes over a claim from a creditor, the debtor may set up against the transferee who is aware of the existence of a special agreement prohibiting the assignment of claim or the transferee who was grossly negligent when he/she was unaware of the existence of such special agreement;

In this context, gross negligence refers to the absence of knowledge of the existence of a special agreement because it does not give any attention to the extent required to ordinary people even if it does not pay considerable attention to it, if it is easy to easily understand the existence of such special agreement.

A third party's bad faith or gross negligence shall be asserted and proved by a person who intends to oppose the transferee by a special contract prohibiting the assignment of claims.

(Supreme Court Decision 2010Da8310 Decided May 13, 2010, and Supreme Court Decision 2011Da102066 Decided January 23, 2014, etc.) B.

In light of the above legal principles, Article 16 (10) of the Program Production and Delivery Basic Contract (No. 1-3 of evidence No. 1-3) of the Program Production Contract of this case provides that "Rabnbnb shall not transfer the obligation to be received from the defendant in connection with the Production of the Program or grant a pledge on the claim. If it is violated, the defendant shall pay the production cost after deducting KRW 10 million from the production cost." It is reasonable to see that the nature of the above provision is a special contract prohibiting the assignment of claims in consideration of the parties' intent at the time of the conclusion of the contract. If the plaintiff was aware of the existence of the above special contract prohibiting the assignment of claims at the time of the transfer of claims, or if there was gross negligence due to the failure to know the existence of such special contract,

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