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(영문) 서울고등법원 2015.05.21 2014나32689
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except for partial revision or addition as follows. Thus, it is acceptable to accept it as it is

The second half of the judgment of the court of first instance revised “the construction was completed on or after the end of April 2012” to “the construction was commenced around that time and completed on June 29, 2012.”

The 4th 8th son of the first instance judgment “the money remitted by the plaintiff” shall be corrected to “the money remitted by the defendant.”

The fourth written judgment of the court of first instance is the second written judgment.

subsection (1) shall be amended as follows:

[1] The validity of the assignment of claims is determined as to the validity of the assignment of claims; 1) E entered into a contract for the assignment of claims with the Defendant on behalf of the Plaintiff, and thus, the assignment of claims is null and void in violation of the Trust Act, which prohibits a prior agreement or a trust for the purpose of a lawsuit. In addition, this does not mean that E, the assignee of claims, has failed to meet the requirements

Even if the Plaintiff terminated the assignment contract to E on October 2, 2014, and sent a notice to the Defendant to notify the Defendant of the termination of the assignment of claim, the assignment contract to E was lawfully terminated.

2) The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff transferred its claim to E for the purpose of receiving money from the Defendant, as alleged by the Plaintiff.

In addition, the effect of the assignment of claims cannot be denied solely on the ground that the Plaintiff, the assignee of the claims, who is the obligor, has notified the assignment of claims under the circumstances where the Defendant, the obligor, claims, has asserted the assignment of claims

B. Furthermore, insofar as claims have been legally transferred, the fact that the transferor of claims voluntarily terminated the assignment contract and sent a notice of termination of the assignment of claims to the obligor is alone.

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