양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts subsequent to the facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1-1, 2, 2, 2, 3, and 4.
The letter of loan was drawn up on September 30, 2009 that C lent 35 million won to the defendant.
B. On May 27, 2011, a loan certificate was drawn up to the effect that C lent KRW 25 million to the Defendant.
C. (1) On August 15, 2015, the Plaintiff entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with C to the effect that C has a right to the Defendant (i.e., KRW 60 million (i., KRW 35 million). The Plaintiff entered into an agreement on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with the content that the claim for loans is transferred, and agreed on the following agreed matters (hereinafter “instant special agreement”).
(2) Article 3 of the content of the instant special agreement: The assignment of this claim belongs to the assignee of the claim with the assignment of the claim for debt collection and civil procedure, and the external relationship of rights belongs to the assignee of the claim, and the assignee of the claim bears the obligation to settle the account to
Article 4:Transferr shall run respectively at the cost of the transferor's liability for debt collection and civil action against the debtor.
C on January 8, 2016, notified the Defendant of the assignment of the instant claim, and the above notification reached the Defendant on January 19, 2016.
2. Ex officio determination
A. The plaintiff's assertion that the plaintiff has a loan claim amounting to KRW 400 million against C, and C transferred the claim amounting to KRW 60 million against the defendant in order to repay the debt to the plaintiff. Thus, the defendant asserts that the defendant is liable to pay KRW 60 million and delay damages to the plaintiff.
B. ① Determination of the special agreement on the assignment of claims of this case belongs to the assignee of the claim with the assignment of claims for debt collection and civil procedure, and the special agreement on the assignment of claims of this case belongs to the assignee of the claim.