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(영문) 서울중앙지방법원 2020.11.27 2020가단5074159
양수금
Text

1. Defendant B shall deliver to Defendant C Corporation the real estate listed in the separate sheet.

2. The plaintiff's defendant C Corporation

Reasons

1. Part of the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The portion of the claim against Defendant C Corporation

A. The grounds for the Plaintiff’s claim are as shown in the annexed sheet.

B. The pledger cannot extinguish a right under the pledge without the consent of the pledgee (Article 352 of the Civil Act). The act of extinguishing a right under the pledge includes acts such as collection of the claim or receipt of the repayment of the claim.

On November 13, 2019, the Plaintiff created a pledge against D Co., Ltd. as to the claim for the refund of the lease deposit stated in the attached Form, and notified the Defendant of the pledge and received the notification to the Defendant around that time, may be recognized by either dispute between the parties, or by presenting the entire purport of the pleadings in the attached Form No. 1. The Plaintiff’s assertion as to the fact that the Plaintiff, the pledgee, filed the instant lawsuit against D Co., Ltd with the consent of D Co., Ltd., is not proven. Therefore, the Plaintiff’s claim against the Defendant C Co. cannot be accepted without the need to review

(3) The plaintiff's claim against the defendant C is justified and the claim against the defendant C Corporation is dismissed as it is without merit. It is so decided as per Disposition.

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