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(영문) 전주지방법원 2019.11.08 2018나10084

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff asserted that he borrowed money from C and lent it to the defendant again.

Since then, although the Plaintiff’s loan claim against the Defendant was transferred to C, the Defendant failed to repay the above loan to C, and thereby C received a favorable judgment by filing a lawsuit against the Plaintiff, and the said judgment was the executive title, and received the dividend in accordance with the above judgment in the compulsory execution procedure for the real estate owned by the Plaintiff.

Thus, the plaintiff is deemed to have repaid the defendant's claim against C, and the plaintiff has the right to indemnity against the defendant.

2. According to the overall purport of evidence Nos. 1, 3, and 9 as well as the entire arguments, the judgment was rendered that the Plaintiff lent KRW 15,00,00 to the Defendant around November 20, 2010; that the Plaintiff transferred the above claim against the Defendant around July 201; that, in the case of return of unjust enrichment against the Plaintiff, the Jeonju District Court 2012Gadan 11039 against the Plaintiff, Jeonju District Court 2012DaDa11039, which C brought a lawsuit against the Plaintiff against the Plaintiff, “the Plaintiff shall pay the Plaintiff a loan of KRW 60,00,00 (excluding the Defendant, with the interest and delay damages for the loan of KRW 60,00,00 to Nonparty D and E); and that the Plaintiff’s appeal (the Jeonju District Court 2014Na4302) and the final appeal (the Supreme Court 2015Da12888) are dismissed; that the real estate claim of this case was paid to the Plaintiff by compulsory auction.

In full view of the above facts, C’s loan claims against the Plaintiff and claims against the Defendant acquired by transfer from the Plaintiff are deemed to have been transferred to C with separate claims for the repayment of its own debt owed by the Plaintiff against C or for the purpose of security, and C has won a favorable judgment based on the loan claims against the Plaintiff.