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(영문) 청주지방법원 2016.01.21 2015가단17036

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the Plaintiff acquired the claim of KRW 50,000,000 from B on June 8, 2015 against the Defendant, the Plaintiff asserts that the Defendant is obligated to pay KRW 50,000,000 to the Plaintiff as well as damages for delay.

B as to whether the Defendant has a claim of KRW 50,00,000 against the Defendant, it is difficult to conclude that the Plaintiff has a claim of KRW 50,000 against the Defendant, since the Plaintiff did not assert and prove any assertion as to the cause of the claim. Therefore, it is difficult to conclude that the Plaintiff acquired the claim from the Defendant, solely on the basis that the Plaintiff acquired the claim from the Defendant, the Defendant is not obliged to pay the Plaintiff KRW 50,000,000 and delay damages.

Therefore, the plaintiff's claim is dismissed as it is without merit.