logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.05.23 2018가합30436
채권양도ㆍ양수계약 무효확인 등
Text

1. The part concerning the claim for nullification of the instant lawsuit is dismissed.

2. The Defendant (D) against C, and the Plaintiff and the Defendant on September 8, 2016.

Reasons

Facts of recognition

A. The plaintiff is the mother of E, and the defendant is the victim of fraud to E.

B. From August 14, 2015 to October 11, 2015, the Defendant filed a complaint against E in fraud, as the Defendant lent a total of KRW 190,300,000 to E eight times, but failed to receive reimbursement from E.

C. On September 8, 2016, the Plaintiff entered into an agreement with the Defendant on behalf of the Defendant in a criminal case E (Seoul Central District Court 2016Da5040) and on behalf of E (hereinafter “instant agreement”). On the same day, the Plaintiff entered into a contract with the lessee to transfer the lessee’s claim for refund of the lease deposit amounting to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

1. E shall pay 190,000,000 won to the defendant with criminal agreement and damages.

Provided, however, since the defendant received 19.5 million won from E on July 25, 2016, E shall additionally pay the remainder of 170.8 million won to the defendant, which shall be paid on September 8, 2016, and the remainder of 160.8 million won shall be paid in installments as follows:

2. E shall be paid in installments from October 1, 2016 to the end of each month after E was punished by a fine of KRW 160,80,000 in the above case.

3. In order to secure the performance of the E’s obligation, the mother Plaintiff shall transfer the following obligation to the Defendant and notify the assignment of the obligation.

(However, since the plaintiff's offer of security is subject to the condition that E is released by being sentenced to a fine for the above case, if E is not released, this assignment of security shall be null and void, and the defendant shall return to the plaintiff a claim transfer and takeover contract and notify the lessor of the invalidity of the contract.) The object of lease: Fth class No. 201 of the second class in light of light: KRW 100 million lease term: from May 19, 2016 to May 18, 2018: the tenant: the plaintiff.

(d) E is above.

arrow