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(영문) 울산지방법원 2015.02.05 2014가합4916
양수금
Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 20% per annum from August 6, 2014 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff acquired the loan claim amounting to KRW 300,000,000, out of the loan claim amounting to KRW 385,000,000 from Nonparty C to the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff KRW 300,000,000 and damages for delay.

B. Defendant 1) The Defendant does not bear a loan obligation of KRW 385,00,00 against C. 2) The notice of the assignment of claims is to be given by the transferor of claims. The notice of the assignment of claims made by the Plaintiff, the assignee of claims, to the Defendant is unlawful.

3 The Defendant already repaid to D and E the obligation of KRW 385,00,000,00, which was acquired by transfer from C.

2. Determination

A. 1) Determination as to the cause of claim 1) The fact that the transfer of claims between the Plaintiff and C from January 9, 2012 that the Plaintiff acquired the loan claim amounting to KRW 300,000,000 from C to the Defendant does not conflict between the parties. 2) The Defendant: (a) the Defendant: (b) leased KRW 385,00,00 to F, the representative director of the Defendant; and (c) the Defendant asserted that C did not have any loan claim against the Defendant by asserting that F has invested the said money again to the Defendant; (b) however, in full view of the overall purport of arguments in the statement in the evidence No. 5, No. 4-1, No. 4-2, and No. 5-1, and No. 5-2, C, at the time of the transfer of the claim in this case to the Plaintiff, C had the loan claim amounting to KRW 385,00,000 against the Defendant.

3. Notification of assignment of claims under Article 450 of the Civil Act shall not be made by the transferor, unless the transferor is directly in person, but shall not be made through the company or by proxy, and the transferee of the claims may also be delegated with the authority of notification of assignment of claims from the transferor, and give such notification as

In addition, when the transferee entrusted with the notification of the assignment of claims on behalf of the transferor gives notification of the assignment of claims, he shall transfer in accordance with Article 114(1) of the Civil Act

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