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(영문) 서울중앙지방법원 2012.12.13 2011가합88462
채권양도통지
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim shall be dismissed.

2. The plaintiff (appointed party).

Reasons

1. Basic facts

A. The claims assignment of the Plaintiff and the designated parties 1) are transferred between the Plaintiff and the designated parties (hereinafter “J”) and the Plaintiff, a multi-level operating company, from around 2004 to 2006.

2) On July 20, 2006, the Plaintiff, the victim of the damage, agreed to transfer all claims, such as the damage claim against J, to Nonparty H and K for the recovery of damage caused by the Plaintiff’s solicitation. 2) Accordingly, on July 20, 2006, the Plaintiff and the selectee L, M, N,O, P, Q, Q, R, T, U, V,W, W, X, and Y transferred to H total of KRW 67,362,00 as shown in the attached list 3, the remainder of the designated parties (Provided, That the claims were transferred by dividing them into H and K on October 23, 2006 and October 24, 2006, the sum of claims transferred to H and K as shown in the attached list 3.

Creditors (H or K, hereinafter referred to as “A”) and debtors (referring to plaintiffs and designated parties; hereinafter referred to as “B”) entered into a contract with the following order to transfer the following claims to A, to which the obligor is obligated to receive reimbursement from J (hereinafter referred to as “C”) as the third obligor:

Article 4 (Execution and Appropriation of Performance)

(a) Eul shall cooperate with Byung, with respect to any act (including civil, criminal and compulsory execution) conducted by Byung for the claim and reimbursement of this claim by Byung, including the provision of relevant documents, testimony and statements of reference;

(b) If Byung performs the above obligation or if any revenue accrues due to Gap's collection activities, the first priority shall be deducted, and ② the agreement on the debt to be paid Eul shall be made, ③ the delay damages, and ④ the principal shall be appropriated for repayment in the order of principal.

Article 5 (Refund of Surplus and Transferred Claim)

(a)in the event that a surplus accrues after being paid out by C above the amount of claims that A is obliged to receive from C, the surplus shall be promptly refunded to B;

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