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(영문) 청주지방법원 2020.01.17 2019나266

양수금

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All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Even based on the evidence submitted by the court of first instance and the evidence additionally submitted by the Defendants in the court of first instance, the judgment of the court of first instance, which recognized that the Plaintiff lawfully acquired the Defendant’s claim for the instant loan from E, seems to be justifiable.

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the additional determination under paragraph (2) below, and therefore, this court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Defendants’ assertion is that the Plaintiff paid the entire obligation of the instant loan to Defendant C in subrogation and thereby the entire claim of E was extinguished. Accordingly, the assignment of the instant claim is null and void as to a non-existent claim, and accordingly the supplementary registration of the instant collateral security in the Plaintiff’s name should also be null and void, and the auction procedure based on the above supplementary registration is also null and void.

B. In light of the judgment, even if the plaintiff paid the amount equivalent to the principal and interest of the loan of this case to E, as alleged by the plaintiff, it is reasonable to deem that the plaintiff paid not the defendant C's obligation by subrogation but the transfer money under the contract of this case. Thus, the defendants' assertion is without merit without further review.

3. As such, the plaintiff's claim against the defendants is justified within the scope of recognition of the first instance court, and the remaining claims shall be dismissed, as they are without merit. The judgment of the first instance is justified in its conclusion, and all appeals by the defendants are dismissed. It is so decided as per Disposition.