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(영문) 의정부지방법원 2019.05.24 2018나5950
양수금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion

A. C Co., Ltd. (the former trade name was changed to “Co. D” and “E Co., Ltd.”; hereinafter, the latter name was changed to “Co., Ltd. G”) on September 12, 1995, and on September 12, 1995, the F Co., Ltd. (the trade name was changed to “Co. G”; hereinafter, the former trade name was not changed to “F” but was sold to “F”. The F agreed to pay the price in installments, and the Defendants jointly and severally guaranteed F Co., Ltd.’s obligation to pay the installment payment.

B. After that, F did not pay only part of the installment payment, and C transferred the remainder to H on December 1, 2003, and H transferred the claim against F to the Plaintiff on October 31, 2012.

C. The F’s obligation to pay the installment payment remains in KRW 7,790,616, overdue interest of KRW 19,595,806 as of October 31, 2012. As such, the Defendants jointly and severally liable to pay to the Plaintiff KRW 27,386,422 (i.e., KRW 7,790,616, KRW 19,595,806) and damages for delay from the day following the date of final delivery of the original copy of the instant payment order.

2. The Defendants asserted that H did not notify the transfer of the claim while transferring the claim to the Plaintiff. We examine whether the notice of transfer was given.

According to Gap evidence No. 18, although it is recognized that the plaintiff sent a notice stating the purport of the assignment of claims to F who is the principal debtor on March 18, 2019, it is insufficient to recognize that the above fact of recognition alone was the notification of the assignment of claims in light of the fact that the above notice, which can be known by the statement No. 3, is not delivered to F on the grounds that the addressee is unknown, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit without examining the remainder of the issue.

3. Thus, the plaintiff's claim should be dismissed as it is without merit.

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