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(영문) 광주지방법원 2015.01.30 2014가합7942
채권양도통지
Text

1. The defendant shall be the plaintiff.

A. The intention of the assignment of claims is expressed as to the claims under the attached Form 1, and it is against Nonparty C.

Reasons

1. Indication of claim;

A. On November 25, 2013, the Plaintiff lent KRW 300,000,000 to C on November 25, 2013. (2) However, on November 26, 2013, C, rather than the Plaintiff, issued a promissory note No. 1 with the Defendant who was the representative director of the Plaintiff, as the payee.

3) Therefore, the actual creditor of the said promissory note is the Plaintiff, and the Defendant is obligated to express his/her intent to transfer the above claim to the Plaintiff and notify C of the above fact. B. As to the claim under attached Form 2, the Plaintiff had a claim for the amount of KRW 100,000,000 against D.

2) However, on October 4, 2009, D, rather than the Plaintiff, issued a loan certificate in attached Form 2 with the Defendant, who was the representative director of the Plaintiff at the time, as the obligee, and D’s wife E jointly and severally guaranteed the above obligation. Accordingly, D’s wife E jointly and severally guaranteed the above obligation. Therefore, the Plaintiff is the actual obligee, and the Defendant expressed its intent to transfer the above obligation to the Plaintiff and is obliged to notify D and E of the above fact.

2. Judgment pursuant to Article 208(3)1 of the Civil Procedure Act

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