양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.
Therefore, the reasoning for this court's explanation is as follows, except for the addition of the following '2. Additional Judgment' as to the argument emphasized or added by the defendant in this court, and therefore, the reasoning for this court's explanation is as stated in the part of the judgment of the court of first instance. Thus, it is accepted by the main text of
2. Additional determination
A. Determination 1 on the defense prior to the merits of this case) The defendant is the plaintiff and D Co., Ltd. (hereinafter referred to as "non-party company").
2) As to the assignment of claims between the parties (hereinafter “transfer of claims of this case”).
(2) Since the non-party company was concluded mainly with the purpose of having the plaintiff conduct litigation, it is not sufficient to recognize that the non-party company entered into the instant claim assignment contract with the main purpose of having the plaintiff conduct litigation, and there is no other evidence to prove otherwise.
Rather, according to the overall purport of Gap evidence Nos. 1, 2, and 18 (including a serial number; hereinafter the same shall apply) and all pleadings, the plaintiff lent KRW 120 million to the non-party company on November 6, 2015. The plaintiff may recognize the fact that the plaintiff acquired the claim of this case against the defendant on March 4, 2016 and filed the lawsuit of this case on February 20, 2017 after approximately 12 months from the acquisition of the claim of this case against the non-party company.
As can be seen, the Plaintiff’s transfer of the instant claim is based on the fact that it was intended for reimbursement of KRW 120 million.