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(영문) 서울중앙지방법원 2019.11.29 2018나60450
양수금
Text

1. Of the part against the Defendants in the judgment of the court of first instance, the payment order is ordered in excess of the amount ordered below.

Reasons

In light of the legal principles as seen earlier, the lower court’s judgment that held that the Plaintiff’s assignment of claims against the Plaintiff was a party who invested in F and suffered damage to the Plaintiff, as in the case of J, and that the Plaintiff’s assignment of claims was a party to the Plaintiff, and that said judgment was final and conclusive at that time. In so doing, the lower court did not err by misapprehending the legal principles as to the assignment of claims against the Defendants, as otherwise alleged in the ground of appeal. In so doing, the lower court did not err by misapprehending the legal principles as to the assignment of claims against the Defendants, as otherwise alleged in the ground of appeal.

(2) Gohap’s agreement on November 7, 201 to not file all claims against the J regarding the above loan amount, including the transfer of the principal and interest to KRW 11 million ( KRW 200,000,000,000 on May 16, 2011, KRW 14,000,000 on June 14, 2011, and KRW 80,000 on September 12, 2014) and the transfer of the right to the F and F related parties, which the JJ has taken place. * Since November 7, 2014, A promises not to file all claims against the transferee B (Plaintiff) with the Central District Court for the transfer of the right to claim, including the transfer of the right to claim, KRW 20,000,00,000,000,000 on KRW 20,000,000,000,000,000).

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