대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff asserts that on July 17, 2006, 1,000 won interest rate of 5.5% per month, 66% per annum for delay damages, and 17 September 2006, the plaintiff filed a judgment like the purport of the claim.
The statement of evidence No. 1 is insufficient to recognize that the Plaintiff has a claim for a loan as alleged by the Plaintiff on the sole basis of the statement of evidence No. 1, and there is no other evidence to acknowledge it.
[In full view of the purport of the entire pleadings, the defendant borrowed KRW 1,00,00 from C on July 17, 2006, and the plaintiff demanded the return of the investment amount to C, and the plaintiff received a certificate of loan (Evidence 1) from C in the name of the defendant. There is no evidence to prove that C transferred the plaintiff's claim against the defendant to the defendant, and the transfer of nominative claim cannot be asserted against the debtor unless the transferor notifies the debtor of the assignment of nominative claim or the debtor approves the assignment of nominative claim, and there is no assertion or proof of the notification or acceptance of the assignment of claim. The plaintiff's claim should be dismissed because the judgment of the court of first instance is just as it is concluded, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.