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(영문) 창원지방법원마산지원 2016.05.27 2016가단4450
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion lies in the Defendant’s obligation to pay KRW 50 million to B, and the Plaintiff received the above loan claim against the Defendant from B on August 20, 2008, and B notified the Defendant of the transfer of claim on April 27, 2012. Thus, the Defendant is liable to pay KRW 50 million to the Plaintiff as well as damages for delay.

2. According to the statements in Gap evidence Nos. 1 and 3, it is recognized that the defendant (the trade name at the time is limited company) drafted and ordered B on January 5, 2006 a loan certificate of KRW 50 million, and B transferred the above claim to the plaintiff on August 20, 2008 and notified the defendant by content-certified mail on April 27, 2012.

However, according to the statements in Eul evidence Nos. 1 through 3, the defendant (the central liquor at the time) prepared and delivered a written confirmation to the defendant on October 19, 2009 that "the principal confirms that all claims against the central liquor of a limited liability company have been completely adjusted," and the defendant's mediation was completed on January 5, 2012 that "it is confirmed that there is no claims and obligations between them as of the date of this mediation" (the Changwon District Court 201Ga28079). According to these facts, it shall be deemed that the defendant's debt settlement with respect to the central liquor of a limited liability company and its repayment or exemption had been terminated at the latest around January 5, 2012.

The obligor may set up against the assignee due to the cause that occurred to the transferor before receiving the notice of transfer (Article 451(2) of the Civil Act). Since the notice of transfer of the Plaintiff’s claim was given on April 27, 2012, the notice of transfer was given on the part of the Plaintiff, even if the Plaintiff received the transfer of the claim on August 20, 2008, prior to receiving the notice of transfer, the Defendant had already extinguished all obligations against B due to the said conciliation.

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