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(영문) 서울서부지방법원 2016.09.01 2015가합2041

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the basis of facts may be found to be either in dispute between the parties or in each entry in Gap evidence 1 to 6 (including branch numbers, if any; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

On March 21, 2008, the Plaintiff filed a loan claim lawsuit (such as repayment, etc. of loans with the Seoul Central District Court 2008Gahap2686) against the non-party IMN Co., Ltd. (hereinafter “KoreaMN”) and the non-party 2. On November 28, 2008, the Plaintiff filed a lawsuit to collect loans (hereinafter “loan claim”) with the Seoul Central District Court 2008Gahap2686, and on May 29, 2008, the Plaintiff filed an application with the Defendant for a collection order of KRW 100,000,000 with the Korean District Court 20,000,000 won for each of the Plaintiff from May 29, 2007 to the day of full payment, and KRW 20% per annum from April 5, 2008 to the day of full payment. (b) The Plaintiff filed an application with the Korean District Court 2015Da361416, supra.

) Although the instant loan claims were transferred to the Plaintiff, the said transfer agreement should be revoked following the fraudulent act. On September 18, 2014, a lawsuit seeking revocation of a fraudulent act (Seoul Central District Court 2014 Gohap502570) was filed against Korean corporate investors, and on September 18, 2014, the instant loan claim transfer agreement concluded on October 28, 201 between the Korean corporate investment and the IMN was revoked.

Korean Corporate Investment shall transfer the above loans to IMN, and shall transfer the above loans to the defendant.