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(영문) 인천지방법원 2019.01.18 2018가단225783
집행문 부여의 소
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. Nonparty C Co., Ltd. (hereinafter “Non-Party C”) filed a lawsuit against the Defendant for a loan claim against the Incheon District Court 2017 Ghana475295, and on October 25, 2017, rendered a judgment that “the Defendant shall pay to the Non-Party Bank KRW 10,445,054 and damages for delay.”

The above judgment became final and conclusive on November 14, 2017.

B. On December 18, 2017, Nonparty bank, submitted by the Plaintiff on December 18, 2017, concluded an asset acquisition agreement (a contract written between Nonparty bank and the Plaintiff) on the Plaintiff’s certificate No. 3 was concluded on December 18, 2017 by the contract date.

However, the notice of assignment of claims (A No. 2) sent to the Defendant is written that the claim was transferred as of December 22, 2017 according to the contract for the purchase and sale of claims on December 15, 2017.

A. The Plaintiff’s status as the Defendant

On February 1, 2018, on the part of the defendant's address, the notice of assignment of claims was sent by stating the defendant's obligation as "D apartment and E".

However, the above notice of assignment of claims was not served.

C. On the other hand, on the other hand, the Defendant, on December 26, 2017, transferred the resident registration record card to “D apartment and E” and, on February 13, 2018, made a move-in report to “F of the Gun, Gun, and Gun, in the present domicile.”

In addition, the copy of the complaint of this case was sent to the present address, but was not served.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, a significant fact in this court, and the purport of the whole pleadings

2. The transferor shall not be required to notify the obligor of the nominative claim, or set up against the obligor unless the obligor approves it.

(Article 450(1) of the Civil Act. However, according to the above facts, it cannot be said that the notice of assignment of claims issued by the non-party bank to the defendant is in an objective state where the defendant, who is the debtor, is able to know the contents of the notice under social norms, and thus, it cannot be said that

(2).

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