양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. A. Around February 26, 2007, the Plaintiff’s mother C determined and lent KRW 120,000,000 to the Defendant at interest rate of KRW 1,00,000 per month.
B. From February 26, 2007 to April 26, 2019, the Defendant paid C only KRW 39,050,000 among the interest of KRW 146,00,000,000, and did not pay the remainder KRW 106,950,000.
C. On April 26, 2019, C transferred its loan claims to the Plaintiff to the Defendant, and notified the Defendant on April 29, 2019.
Therefore, the Defendant is obligated to pay to the Plaintiff the principal of the loan as of April 26, 2019 KRW 226,950,000 ( principal KRW 120,000,000) and the damages for delay from April 30, 2019, which is the day following the notification date of the assignment of claim.
2. Judgment on the defendant's main defense of safety
A. The gist of the main defense of this safety defense C primarily transferred the claim to the Plaintiff with the focus of allowing the Plaintiff to conduct litigation, which constitutes a discretionary litigation trust, and thus, the Plaintiff is not eligible to institute the instant lawsuit.
B. In a case where the assignment of a claim, etc. primarily takes place with the aim of enabling the relevant legal principles to proceed with the transfer of claim, Article 7 of the Trust Act shall be deemed null and void, even if the assignment of claim does not constitute a trust under the Trust Act by analogy. Whether it is the principal purpose of litigation ought to be determined in light of all the circumstances, including the process and method of concluding the assignment of claim contract, interval between the transfer contract and the litigation
(See Supreme Court Decision 2012Da23412 Decided March 27, 2014). C.
Judgment
1) While C was hospitalized on April 26, 2019 due to the aggravation of health, it is recognized that the circumstance in which the Plaintiff acquired the claim of this case on May 7, 2019 and the Plaintiff filed the instant lawsuit on May 7, 2019 is acknowledged. However, the argument is made in each of the statements in evidence Nos. 15 through 26 (including branch numbers, if any, and hereinafter the same).