(영문) 광주지방법원 순천지원 2018.01.30 2017가단72642

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(영문) 광주지방법원 순천지원 2018.01.30 2017가단72642

양수금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On November 25, 2014, the Plaintiff loaned KRW 30,000,000 to Nonparty B, and entered into a credit card use contract with the said B and issued NH Credit Card separately.

B. On September 26, 2016, B sold B and three parcels (hereinafter “the instant provisional seizure”) owned by the Defendant, and completed the registration of ownership transfer on the same day.

On September 30, 2016, the Defendant borrowed KRW 45,000,00 from B as of September 30, 2021.

C. On October 10, 2016, the Plaintiff entered into a bonds transfer contract with B with the following content, and accordingly, the Plaintiff entered into the said contract.

On October 21, 2016, a notice of assignment of claims was given to the Defendant on the part of the latter part of paragraph (1) (hereinafter “instant claim”), and B sent the notice to the Defendant on October 25, 2016.

The transferee: Nonparty B and the garnishee: The defendant and the transferor enter into a contract for the transfer and takeover of bonds as follows.

1. The transferor shall hold to the garnishee the following claims:

On September 30, 2016 between the transferor and the third party debtor, 45,000,000 won in borrowings that the third party debtor pays to the transferor pursuant to an agreement for a loan for consumption of money on September 30, 2016

2. The transferor confirms that the claim under the above paragraph (1) does not have any grounds (except the fact that the third party obligor has failed to perform his obligation) to oppose the transferor.

3. The transferor shall transfer the above paragraph 1 to the transferee, and the transferee shall take over the claim.

Provided, That upon the entry into force of the transfer, the following obligations to the transferor's transferee shall be fully repaid:

(1) The account number of the transferor's transferee of the Dongyang Agricultural Cooperative: D's principal of the general loan 30,000,000 won - 30,000,000 won of the loan principal - interest accrued until the transferor makes full payment 2) the unpaid amount of the NH Nonghyup Card and interest accrued continuously from the unpaid amount of the loan : gold 2,98,034 won and future full payment.

유사 판례

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