logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.09.10 2015가단204124
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim for a loan of KRW 30 million to Green Tech Co., Ltd. (hereinafter “ Green Tech”).

B. On October 2014, Nex transferred to the Plaintiff the claim to refund deposit amounting to KRW 30 million to the Defendant (hereinafter “instant claim”). On October 17, 2014, Nex notified the Defendant of the assignment of claims, and the said notification reached the Defendant on October 31, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2 and 3 evidence, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant, which caused the Plaintiff’s claim, is obligated to pay 30 million won and damages for delay to the Plaintiff, the assignee of the instant claim.

B. Defendant’s defense is not only the Plaintiff’s notification of the assignment of the claim regarding the instant claim, but also it could not be known who is the obligee since the provisional attachment, seizure, and collection order of Nonparty B was issued. Therefore, the Defendant’s defense on June 9, 2015 and

7. 23. The full amount of the instant claim was deposited.

Therefore, the Defendant’s debt against Greenex was entirely extinguished.

3. Determination

A. The facts of recognition are as follows: (a) Nonparty B received a provisional attachment order against the Defendant on October 14, 2014 from the Incheon District Court 2014Kadan8829 regarding KRW 29 million among the instant claims against the Defendant; (b) on October 17, 2014, the written decision of provisional attachment was served on the Defendant on October 17, 2014; and (c) Nonparty B received a provisional attachment order against the Defendant on March 3, 2015 regarding KRW 30,566,00,00 among the total sum of KRW 3,5160,000,000,000, including the total sales profit, etc., owned by the instant claim and Ntex against the Defendant; (d) the written decision was served on the Defendant on March 6, 2015, and became final and conclusive on April 21, 2015; and (e) the Defendant deposited KRW 30,065,06,00.

arrow