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(영문) 서울중앙지방법원 2017.10.25 2017가단5002536
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The allegations and judgment of the parties

A. The plaintiff's ground of claim is as stated in the annexed sheet of the plaintiff's assertion.

B. Determination as to whether there was a legitimate notice of transfer of a claim 1) B, according to the resident registration abstract (No. 10-2) of B (No. 1), B was residing in B on October 15, 2009 by moving-in to “Saong-gu Busan Metropolitan City”. However, on November 3, 2009, the notice of transfer of a claim (No. 6) and the notice of transfer of a claim (No. 3) dated October 15, 2013 were sent to “Saong-gu Busan Metropolitan City,” and there is no other evidence to prove that the notice of transfer reached B. 2) on August 5, 2013, the transferor’s corporate seal was affixed to “Eari-gu, Busan Metropolitan City,” and the transferee’s legal seal was deemed to have been affixed to “Sari-gu, Busan Metropolitan City,” and there is no evidence to acknowledge that the transferee was legally the transferee of the claim 1).

3. Ultimately, the defendant's defense pointing this out is accepted.

2. For this reason, the Plaintiff’s claim is dismissed. It is so decided as per Disposition.

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