양수금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff shall be subject to the revoked part.
1. The defendant's defense prior to the merits asserted that the plaintiff acquired a loan claim against D, and that the plaintiff acquired a claim from D for the purpose of debt collection, and that the lawsuit of this case is unlawful as it is merely a transfer of claim from D for the purpose of debt collection.
In cases where the assignment, etc. of a claim mainly takes place for the purpose of having the assignment of claim does not constitute a trust under the Trust Act, Article 6 of the Trust Act (a trust, the main purpose of which is to have the trustee perform procedural acts, shall be null and void) shall be applied mutatis mutandis so as to be null and void. Whether to have the principal purpose conduct procedural acts shall be determined in light of various circumstances, such as the details and methods of the assignment of claim contract, interval between the transfer of claim and the filing of a lawsuit
(2) In light of the overall purport of the pleadings, the following facts: (a) Nos. 2, 3, 6, and 7 (including the serial numbers in case of additional serial numbers) were transferred to the Plaintiff a sum of KRW 850,00,000 and KRW 850,000 on July 21, 2014; (b) around May 2015, 2015, D transferred a loan claim for payment in this case to the Plaintiff and notified its transfer; (c) D received the loan claim for payment in this case from the relevant civil case (Seoul District Court Decision 2014Da55376, May 12, 2013) to the Plaintiff; and (d) obtained the completion of the extinctive prescription from the date of the instant lawsuit to the Plaintiff; and (d) obtained the loan claim for payment in cash from the relevant civil case (Seoul District Court Decision 2014Da55376, May 85, 2005).
However, the above facts alone are that the assignment of claims is made with the main purpose of having the plaintiff conduct litigation.