1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why a party member of the court of first instance shall explain this case are as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, because the defendant's reasoning is the same as the reasons for the judgment of the court of first instance, except for addition of the following judgments in

2. Additional matters to be determined;

A. The defendant did not notify the defendant of the transfer of the claim to A, who is the principal debtor of the instant lease agreement, and it did not have consented to A, and the plaintiff cannot claim against the defendant the status of the transferee of the claim.

In addition, the notification of the assignment of claims refers to the situation in which the above notification was delivered to the obligor by the notification of the concept of notification of the transfer to the obligor, and the above arrival is recognized as having been recognizable by social norms (see, e.g., Supreme Court Decision 95Da40977, 40984, Jun. 27, 1997). A family Danal Korea did not deliver the notification of the assignment of claims to A at the time of the transfer of claims to the Plaintiff by the time of the transfer of

However, inasmuch as the acquisition of assets and liabilities (Evidence A No. 8 and 13) between the Dauba Korea and the Plaintiff was submitted as documentary evidence in the instant litigation proceeding and was withdrawn to A and the Defendant, it is reasonable to view that the notification of the transfer of claims was lawful. Therefore, the above argument by the Defendant is rejected.

B. The defendant asserts that since the plaintiff was aware that he suffered a lot of damages due to the plaintiff's tort A, the defendant's responsibility and its amount should be taken into account in determining the plaintiff's negligence.

The evidence submitted by the defendant alone is insufficient to recognize that the plaintiff was negligent in the occurrence and expansion of the defendant's obligation, and there is no other evidence to acknowledge it, and the defendant's above assertion is not acceptable.

3. Conclusion, the court of first instance.