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(영문) 서울중앙지방법원 2018.11.01 2017가합550006
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 2016, Co., Ltd. (hereinafter “Nonindicted Company”) determined KRW 300 million as 2% of the interest rate and 6 months from September 23, 2016 to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). Defendant C and D jointly guaranteed that: (a) leased KRW 300 million to Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”); and (b) Defendant C and D, respectively.

(hereinafter “instant Claim No. 1”). After that, Nonparty Company and the Defendants agreed to extend the maturity of the instant Claim No. 1 on March 24, 2017 to June 23, 2017.

B. On June 12, 2017, Defendant Company repaid to Nonparty Company KRW 50 million out of the above loans.

C. On June 23, 2017, Nonparty Company transferred the instant claim No. 1 to the Plaintiff.

(hereinafter “transfer of claim of this case”) D.

On June 26, 2017, the non-party company sent a content-certified mail to inform the Defendants of the assignment of claims, which was served on June 27, 2017, respectively.

(hereinafter “Notification of Claim Transfer”). 【No dispute exists in the ground of recognition, entry in Gap’s evidence 1 through 7 (including each number; hereinafter the same shall apply) and Defendants denied the authenticity of Gap’s evidence 2 and 3, but the authenticity of the above evidence can be acknowledged as seen in the following 3.

The purport of all pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff received the instant claim No. 1 from the Nonparty Company, and the Nonparty Company notified the Defendants of the assignment of the instant claim. As such, the Defendants jointly and severally pay to the Plaintiff KRW 250 million, excluding KRW 50 million paid by the Defendant Company to the Nonparty Company, out of the instant claim No. 1, to the Plaintiff.

B. The assignment of the instant claim to the Plaintiff by the Defendants, and the notification of the assignment of the instant claim to the Defendants, are null and void since it was made by a person without authority.

Even if the above assignment of claims and assignment of claims are valid.

even, Do.

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