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(영문) 부산지방법원 2017.09.08 2016가단37293

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant received KRW 24 million from Company B (Representative C; hereinafter “B”), October 23, 2015, and issued KRW 126 million at face value on October 26, 2015, and the said Promissory Notes was settled on October 29, 2015.

(hereinafter referred to as “the instant money”) KRW 150 million received by the Defendant. B.

B On June 17, 2016, the Plaintiff transferred the instant loan claim to the Defendant on October 29, 2015, and on June 17, 2016, the said loan claim was transferred to the Defendant on the date when the claim was created, and on June 24, 2016, the Defendant notified the Defendant of the transfer of the said claim.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4, Gap evidence 5-1, 2-2, Eul evidence 3, 5-6, and the purport of the whole pleadings

2. The plaintiff asserted that he received a loan claim amounting to KRW 150 million against the defendant from B, and filed a claim against the defendant for the payment of money stated in the purport of the claim as a transfer money. Since the defendant received a claim from B for the principal purpose of engaging in litigation, the plaintiff is not entitled to the lawsuit of this case based on the invalid assignment of claim, and it is not so domestic affairs.

Even if the amount of this case is the money that the defendant received as part of the purchase price, and is not a loan, it is alleged that the plaintiff did not have any claim against the defendant of B transferred.

3. Determination

A. The evidence presented by the Defendant alone is insufficient to recognize that the above assignment of claims between B and the Plaintiff is a trust with the main purpose of enabling the Plaintiff to proceed with litigation, and there is no other evidence to acknowledge this otherwise. Thus, the Defendant’s main defense of safety is without merit.

B. The facts that the defendant received the money of this case from B are as seen earlier, and the statements of Eul Nos. 1, 2, and 13, and Eul No. 15-4, 29, 33, 38, and 47 are as follows.