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(영문) 수원지방법원안산지원 2014.12.23 2014가단33871
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff asserts that C has a duty to pay the Plaintiff damages for delay from the day after the original copy of the instant payment order was served to C on March 23, 2004, and KRW 17,000,000 on June 28, 2004, and the Plaintiff acquired the above loan claims from C on September 25, 2013. However, the Plaintiff asserts that the Defendant has a duty to pay the Plaintiff damages for delay from the day when C served the original copy of the instant payment order with respect to the amount of KRW 35,00,000,000 to the day of full payment. However, the transfer of nominative claim cannot be set up against the obligor unless the transferor is notified by the obligor or the obligor is approved by the obligor (Article 450 of the Civil Act), and there is no evidence to prove that C, a creditor, notified the Defendant of the above transfer or consented by the Defendant.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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