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(영문) 서울고등법원 2016.10.28 2016나2032368
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 25, 2006, the Defendant: (a) indicated on January 25, 2006 as the date of payment by C Co., Ltd. (hereinafter “C”); (b) Haan-gun Branch of the National Agricultural Cooperatives, the date of payment; (c) January 25, 2006 as the date of February 13, 2006 [3 (Pledge)] as of January 25, 2006, the date of payment is indicated as February 13, 2006; (d) each day of the above promissorysory note appears to be a clerical error stated in Gap evidence 1-3 (Guarantee) and its entire purport of oral argument; (e) the date of issuance is 00 billion won or less, and (e) the issuer of the said promissory note as at September 25, 2006, and (e) the face value is 00 billion won or less, and (e) the issuer of the said promissory note as at the time of payment.

B. On November 11, 2014, the Plaintiff entered into an agreement on the assignment of claims between C and C with respect to the Promissory Notes in this case with respect to the Defendant, and the Plaintiff was authorized at the time to notify the Defendant of the said assignment of claims.

C. On December 28, 2015, the Plaintiff filed the instant lawsuit. As above, C was authorized to notify the assignment of claims, and the duplicate of the instant complaint containing notification of the assignment of claims reaches the Defendant on January 18, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5 shall include a branch number, hereinafter the same shall apply.

Although the Defendant asserts that each of the evidence Nos. 2 and 3 was forged, the evidence Nos. 2 and 3 is proved.

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