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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On February 28, 2006, the Plaintiff’s assertion lent KRW 11 million to the Defendant, and on June 22, 2006, the Defendant guaranteed the Defendant’s water deposit obligation of KRW 10 million, but subrogated for KRW 19,831,200 to C.
Therefore, the Plaintiff is obligated to pay the total amount of 30,831,200 won and damages for delay.
B. The Defendant’s assertion that the Plaintiff asserted was fully repaid, and even if so, the Plaintiff transferred the Plaintiff’s claim, and the Defendant does not bear the Defendant’s loan and the reimbursement obligation.
2. According to each of the evidence Nos. 1, 2, and 3 (Partial number omitted), the plaintiff's above assertion is acknowledged.
However, according to subparagraph 2-1 through 5 of the evidence No. 2-5, the Plaintiff transferred all of the claims against the Defendant to D on August 25, 2009, and notified the Defendant of the assignment of claims by a certificate with a fixed date on September 9, 2009, and D again recognizes the fact that he transferred the claims to E on May 14, 2010 and notified the Defendant of the assignment of claims by a certificate with a fixed date on the same date. Thus, all of the claims against the Defendant were transferred to E.
The Plaintiff asserted to the effect that, as the Plaintiff revoked the assignment of claims made to D on April 25, 2018, the Plaintiff has a claim again, and that, as evidence to support this, the Plaintiff submitted Nos. 4-1 and 2-2 as evidence, but the legal nature of the revocation of the assignment of claims constitutes the cancellation of the assignment of claims. Since the cancellation of a contract does not infringe on a third party’s right due to the cancellation of the contract (proviso of Article 548(1) of the Civil Act), the claim transferred to E
Ultimately, the plaintiff's assertion is without merit without examining the defendant's defense of payment.
3. According to the conclusion, the plaintiff's claim is dismissed, and it is so decided as per Disposition by applying Article 98 of the Civil Procedure Act to the burden of litigation costs.