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(영문) 부산지방법원 2018.05.11 2017나46592
채무부존재확인
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as follows: (a) the Plaintiff’s assertion is identical to the ground of the judgment of the court of first instance, except when adding or adding to the Plaintiff’s assertion as set forth in the following 2.

2. A portion used for adding or cutting;

A. The following shall be added to the portion added to the judgment of the court of first instance 5 pages 17 of the 17th sentence:

The supplementary intervenor is allowed to set-off only when the obligor has an opposite claim at the time of notification of transfer in the transfer of claims, but the obligor's automatic claim against the transferor has not yet arrived at the time of and earlier than the maturity of the passive claim. The Intervenor's notification of the supplementary intervenor's transfer in the transfer of claims against the Defendant reaches the Plaintiff on August 26, 2010. The repayment period of the above claim has already arrived at November 23, 2009 when the instant payment was paid to the Plaintiff. On the other hand, the Plaintiff's prior reimbursement claim based on the instant secondary insurance contract was not actually exercised, and it became due only on November 17, 2010 when the Plaintiff actually paid the insurance money to the insured. Accordingly, the Plaintiff asserted that the Plaintiff cannot set-off the Plaintiff's prior reimbursement claim based on the instant secondary insurance contract, which is the automatic claim, against each other.

B. The phrase “a set-off with the assignment of claims” of not more than 7 pages 12 of the judgment of the court of first instance as follows.

(2) According to the facts acknowledged before set-off with the assignment of claims, it is recognized that the Intervenor transferred the instant claim for the refund of the instant payment to the Defendant on August 25, 2010, and the notification of the said transfer reached the Plaintiff on August 26, 2010.

In such cases, the plaintiff, the debtor, until he/she receives the above notification of transfer, shall be the transferee.

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