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(영문) 부산지방법원 2014.04.23 2013가합47609
양도대상 채권등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 26, 2007 and June 23, 2008, the Plaintiff entered into a credit guarantee agreement with D and D on D’s debt obligations to D and D’s corporate banks. Accordingly, D and D were loaned KRW 200,000,000 from a corporate bank.

On August 18, 2009, the Plaintiff paid a total of KRW 154,410,709 to an enterprise bank for the principal and interest of the loan due to a credit guarantee accident.

B. On June 1, 2010, the plaintiff filed a lawsuit against D in Busan District Court 2009Kadan10954, and the above court rendered a judgment that "D shall pay to the plaintiff 153,807,623 won and 153,548,039 won among them, 153,548,039 won per annum from August 18, 2009 to April 29, 2010, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

C. Meanwhile, the Defendant, who is the spouse of D, operates the F store directly located in Busan-gu E (hereinafter “instant workplace”) from June 3, 2013.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, Eul's 1, and the purport of the whole pleading

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) Inasmuch as the actual operator of the instant workplace is not the Defendant but D, the parties to the instant lease agreement regarding the instant workplace (hereinafter “instant lease agreement”) are not the Defendant, but D.

(2) Therefore, since D has the right to seek notification of the transfer of claims and the transfer of claims in the attached list (hereinafter “instant claims”) to the Defendant, the Plaintiff seeks notification of the transfer of the above claims and the transfer of claims to the Defendant by subrogation of D.

B. The written evidence evidence Nos. 2, 3, and 5 alone is insufficient to recognize D as the actual operator of the instant workplace. Since there is no other evidence to acknowledge this, in full view of each written evidence Nos. 1 through 3, the Defendant and the Defendant were G on June 3, 2013 and the instant evidence.

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