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(영문) 대구지방법원김천지원 2016.09.22 2016가단31899
양수금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The plaintiffs' assertion holds a notarial deed (a notary public's law firm, but No. 680, 2012) claim against E Co., Ltd. (a notary public's claim of KRW 70,00,000 and maturity of KRW 15% per annum, August 31, 2013). The plaintiffs A paid 37,16,275 won to Hyundai Capital for the non-party Company from September 28, 2012 to October 11, 2013. The plaintiff C had a claim against the non-party Company by subrogation of KRW 37,16,275 to the non-party Company (a notary public's claim of KRW 680, Dec. 12, 2007). The plaintiff's assertion that the transfer of the company's property and property are identical to that of the company's transfer without being subject to the transfer of the company's property rights and obligations to the non-party company's transfer or transfer of the company's property rights and obligations.

(Article 42 of the Commercial Act), or individually notified the plaintiffs that they will take over obligations due to the business of the non-party company (Article 44 of the Commercial Act).

(Supreme Court Decision 2007Da89722). Therefore, the plaintiffs' assertion is without merit.

Therefore, all of the plaintiffs' claims are dismissed. It is so decided as per Disposition.

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