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(영문) 대전지방법원 2017.11.28 2016나2763
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff succeeding intervenor's claim is dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On June 9, 2003, the network D and the Defendant drafted a notarial deed in Daejeon General Law Firm Preparation No. 24317, 2003, which includes that “The Network D lent 1,838,000 won to the Defendant on April 30, 2003 at the maturity date, August 10, 2003, and interest rate of 36% per annum.”

(hereinafter referred to as the “instant loan claims”) against the Defendant of the network D based on the said notarial deed. B.

D on January 28, 2008 between the Plaintiff’s Intervenor and the Plaintiff’s Intervenor entered into a contract for the transfer of the instant loan claims, and D died on December 7, 2008. On December 8, 2008, the Plaintiff’s Intervenor notified the Defendant of the said transfer of claims under the name of the network D on December 8, 2008.

(hereinafter “Notification of Assignment of Claim”). (C)

On April 18, 2013, the Plaintiff’s succeeding intervenor transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on April 24, 2013. On October 2015, the Plaintiff transferred the instant loan claims to the Plaintiff’s succeeding intervenor during the trial period, and then notified the Defendant of the said assignment of claims around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, 2 and 5 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s Intervenor’s assertion that the Plaintiff’s succeeding intervenor delegated the Plaintiff’s succeeding Intervenor’s right to notify the transfer of the instant loan claim before the Plaintiff died, and the Plaintiff’s succeeding intervenor notified the Defendant of the assignment of the instant claim on December 8, 2008, the following day after the Plaintiff’s death, and thus, the Defendant ultimately asserts that the Plaintiff’s succeeding intervenor is obligated to pay the amount equivalent to the instant loan claim to the Plaintiff succeeding Intervenor who acquired the instant loan claim.

B. On the following day after the death of the deceased, the plaintiff succeeding intervenor submitted a notice of assignment of claims to the deceased succeeding intervenor under the name of the deceased.

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