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(영문) 서울중앙지방법원 2014.12.17 2013가합547187
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff, on September 16, 2013, acquired the claim for KRW 300,000,000 from Plaintiff B (hereinafter “Nonindicted Company”), thereby claiming that the Defendant is liable to pay the price for the goods and the damages for delay thereof to the Plaintiff.

B. As to the defendant and the defendant joining the defendant, the defendant and the defendant asserted that the plaintiff did not have received the claim for the price of goods from the non-party company, and that the assignment of the claim should be denied in accordance with the Debtor Rehabilitation and Bankruptcy Act even if the assignment of the claim is acknowledged.

2. Whether the claims are transferred;

A. As evidence submitted by the Plaintiff to prove the assignment of claims, evidence Nos. 1 through 4 exists.

B. First, the evidence No. 2 (the delegation letter, hereinafter referred to as the “instant delegation letter”) recognizes the fact that D, a representative of the non-party company, was written by E, not by signing the power of attorney or affixing the above company’s seal impression, but by signing it.

(See the Plaintiff’s preparatory brief dated July 24, 2014). As to this, the Plaintiff asserted that it was consented or consented to the preparation of the power of attorney in this case by D, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff consented or consented to the preparation of the said power of attorney, and there is no other evidence to acknowledge this otherwise.

C. Next, the evidence No. 3 (Certificate of Seal Imprint) was prepared as follows: (a) the evidence No. 2, Eul evidence No. 4, Eul evidence No. 5-1, and 2; and (b) the testimony of witness D based on the overall purport of the pleadings; (c) the following circumstances, namely, ① the Plaintiff and the non-party company, whose date cannot be known on August 2013 between the Plaintiff and the non-party company, provide the Plaintiff with the security of the office lease deposit for the real estate owned by D and the non-party company.

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