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(영문) 서울중앙지방법원 2012. 03. 14. 선고 2010가단393054 판결
채권양도는 그 통지가 채무자에 도달함으로써 대항력을 취득함[국패]
Title

The assignment of claims shall acquire the opposing power by reaching the debtor's notice.

Summary

The assignment of the claim to the plaintiff by the defendant BB reaches the debtor CCC, thereby obtaining the opposing power pursuant to Article 450 of the Civil Act. Since the seizure decision of the defendant Republic of Korea has reached the CCC, the claim in this case is reverted to the plaintiff.

Related statutes

Article 450 of the Civil Act

Cases

2010 Ghana 393054 Confirmation of Claim for Payment of Deposit

Plaintiff

CivilAA

Defendant

BBB200 et al.

Conclusion of Pleadings

February 15, 2012

Imposition of Judgment

March 14, 2012

Text

1. The Defendants confirmed on November 28, 2006 that Non-Party CCC Co., Ltd had the right to claim a deposit payment of KRW 000,000 deposited by the Seoul Central District Court No. 17906 on November 28, 2006.

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

Purport of claim

The same shall apply to the order.

Reasons

1. Facts of recognition;

A. On December 22, 2003, Defendant BBBF Co., Ltd. transferred to the Plaintiff the product purchase price claim against the CCC Co., Ltd. (hereinafter “instant claim”) with a certificate with a fixed date on December 24, 2003, and notified CCC Co., Ltd with a certificate with a fixed date.

B. Meanwhile, on December 24, 2003, Defendant BBF notified the CCC Co., Ltd. of the transfer of the instant claim to Defendant F in order to repay Defendant F’s debt amounting to KRW 000,000. The Defendant Republic of Korea attached the instant claim in order to collect KRW 000,000, such as value-added tax and wage tax in arrears, and notified it to CCC Co., Ltd. on February 23, 2004.

C. On November 28, 2006, the CCC Co., Ltd. deposited KRW 000 as the principal deposit account with the Plaintiff, the Defendant AFF, and the Defendant Republic of Korea (JF) as the principal deposit account. The deposit account account is the fact that the Plaintiff and the Defendant AF were served on the same day, but the validity of the transfer contract is not known, and the Defendant’s disposition on default was made on the part of the Defendant’s Republic of Korea.

[Ground of recognition] Facts without dispute, Gap 1, 4, 5 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The plaintiff's assertion

The Plaintiff received the instant claim from Defendant BBBF Co., Ltd., and Defendant FF shall be deemed to have received or renounced the assignment of claims based on the most recent claim. Defendant Republic of Korea claims that the Plaintiff could not set up against the Plaintiff since it was seized after meeting the requirements for setting up against the assignment of claims, and that the claim for payment of deposit has been filed against the Plaintiff.

3. Claim for the Defendant BBB failure Co., Ltd. - Judgment deeming the confession

4. Claim against Defendant FF - Service by public notice

5. Claim against Defendant Republic of Korea

According to the above facts, the assignment of the claim to the plaintiff of the defendant BB22 failure corporation reached the CCC corporation on December 24, 2003, thereby acquiring opposing power pursuant to Article 450 of the Civil Act. Since the seizure decision of the defendant Republic of Korea reached the CCC corporation on February 23, 2004, the claim of this case shall be reverted to the plaintiff within the limit of 00 won. Accordingly, the claim of this case shall be subject to the plaintiff. Accordingly, the claim of this case between the plaintiff and the defendant BB failure for the purpose of the claim that cannot be subject to the transfer, is invalid. Further, although the plaintiff's claim of this case was to secure the purchase price of the goods against the defendant BB failure, the claim of this case, like the fact that the plaintiff's claim of this case, as recognized, cannot be viewed as having been identical to the claim of this case since it had already been made to the extent that it could not be recognized that it had been different from the claim of this case to the defendant B20.

6. Conclusion

The plaintiff's claim of this case is justified.

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