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(영문) 서울고등법원 2017.08.11 2016나207975
양수금
Text

1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:

All of the instant lawsuits.

Reasons

The facts below are either a dispute between the parties or acknowledged based on Gap evidence 1 to 5, 36, 38 (including documentary evidence with a serial number; hereinafter the same shall apply) as a whole of the arguments.

[1] Defendant B is the mother of Defendant C.

As of June 23, 2014, Defendant B paid a total of KRW 240,00,000 to Defendant D, and KRW 10,000,00 among them was paid at the end of July 2014, and KRW 30,00,000 was paid at the end of July 3, 2014, and the amount of KRW 10,000,000,000, which was deposited by D, was paid at the deposit of KRW 10,000,000 each year for five years from 2015 to 2019 (hereinafter “instant confirmation”).

[2] Between D and D on August 25, 2015, the Plaintiff entered into a contract on the assignment of claims of KRW 240,000,000 (hereinafter “instant claim”) with respect to which D and D are assigned with respect to the Defendants according to the instant confirmation.

The Plaintiff and D agreed on the following terms in the instant assignment contract (hereinafter “instant special agreement”).

Article 3:The assignment of claims is an assignment of claims for debt collection and civil procedure, and the external relationship of rights is attributed to the assignee of the claim, and the transferee of the claim shall be liable for settlement of accounts to the transferor of the claim.

Article 4:Transferr shall perform the legal acts for debt collection and civil procedure against the debtor at his/her own expense.

D on February 2, 2016, notified the Defendants of the assignment of claims, and the above notification reached the Defendants on February 3, 2016.

[3] On February 16, 2016, the Plaintiff filed the instant lawsuit.

As between D on December 26, 2016, the Plaintiff cancelled the instant contract for the assignment of claims due to mistake, and D’s claim of KRW 240,000,000, which the Defendants had against the Defendants based on the instant confirmation document, is re-issued from D.

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