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(영문) 의정부지방법원 2016.09.02 2016가합1158

양수금

Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant B is the mother of Defendant C.

B. As of June 23, 2014, Defendant B drafted a certificate to the effect that Defendant B would repay the debt amounting to KRW 240,000,000 to D.

C. (1) On August 25, 2015, the Plaintiff entered into a contract on the assignment of claims of KRW 240,000,000 (hereinafter “instant contract on the assignment of claims”) with D as seen earlier that D had against the Defendants. The Plaintiff agreed on the following agreed matters (hereinafter “instant special agreement”).

(2) Article 3 of the content of the instant special agreement: The assignment of this claim belongs to the assignee of the claim with the assignment of the claim for debt collection and civil procedure, and the external relationship of rights belongs to the assignee of the claim, and the assignee of the claim bears the obligation to settle the account to

Article 4:Transferr shall run respectively at the cost of the transferor's liability for debt collection and civil action against the debtor.

D on February 2, 2016, the notice of the assignment of claims of this case was given to the Defendants, and the above notice was delivered to the Defendants on February 3, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff has a claim for loans of KRW 400,000,000 against D, and D transferred claims of KRW 240,00,000 to the defendants in order to repay the plaintiff's obligations to D. Thus, the defendants are liable to pay the plaintiff 240,000,000 and damages for delay.

3. Determination on the defense prior to the merits

A. The plaintiff's assignment contract of this case and the lawsuit of this case for the purpose of debt collection is a litigation trust for the claim collection. The lawsuit of this case is unlawful and dismissed.

B. Determination ① Special agreement on the assignment of claims of this case provides that the assignment of claims of this case is externally entitled to legal relationship with the assignment of claims for debt collection and civil procedure.