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 following facts after the facts based on Gap's facts are as follows: Gap evidence No. 1 (the defendant recognized the seal imprint on the sixth date for pleading of the court of first instance, but there is no evidence to prove that the recognition of the above seal imprint was contrary to the truth and due to mistake, and the above revocation is not effective. Furthermore, since the defendant's name is recognized as being based on the defendant's seal, the authenticity of the whole document is presumed to have been established) and the items mentioned in Gap evidence No. 2 through 12 can be acknowledged by considering the whole purport of the pleadings.
On June 29, 2001, the C organization loaned 60,000,000 won to the Defendant on June 29, 2001 at the rate of 9.25% on June 29, 2003 on the expiration date of the lending period, and thereafter extended the expiration date of the lending period to June 29, 2010.
B. The Defendant failed to repay the principal and interest of the above loan claim, and the amount of the above loan claim against the Defendant of the C organization was KRW 60,00,000,000 as of March 4, 201, totaling KRW 16,283,266, including overdue interest, and KRW 76,283,266.
C. On March 4, 2011, the C organization received dividends of KRW 72,00,000 from the auction procedure for real estate owned by the Defendant (Seoul Central District Court DD Real Estate Compulsory Auction case, etc.) and appropriated the dividends of KRW 72,00,00 for the repayment of the principal and interest of the above loan claims. As a result, the above loan claims remain in interest rate of KRW 4,283,26
On June 24, 2014, the C organization transferred the above loan claims against the Defendant to the Plaintiff, and sent a notice stating the assignment of claims to the Defendant by content-certified mail on July 17, 2014.
2. The Defendant asserts to the effect that the instant lawsuit, which is premised on the assignment of the above assignment of claims, is unlawful, since C’s organization transferred the above loan claims to the Plaintiff for the purpose of collecting claims, the said assignment of claims constitutes a litigation trust.
In a case where the assignment of claims, etc. is made primarily with the intention of making a scambling and procedural acts, the assignment of claims shall be made in a trust under the Trust Act.