채권양도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. From around 2001 to March 2004, the Plaintiff’s husband F was working as a non-registered managing director at H (after changing the name: Social Welfare Foundation I) located in Seo-gu Incheon Metropolitan City, which requested the Plaintiff, who was his wife, to lend money.
The plaintiff received the self-financing from L known to the plaintiff, and 170 million won around the end of 2003 to the above social welfare foundation by F.
B. A social welfare foundation H failed to pay KRW 140,768,03 of the above borrowed amount, and the Plaintiff paid KRW 140,000,000 to L around December 201.
C. The Plaintiff demanded a social welfare foundation H through F to have the claim against the subrogation amount notarized as a collateral, and the said social welfare foundation, instead of having it as a joint guarantor with a large amount of debt, had the D Co., Ltd. (P after the change of name), as a debtor, prepared a notarial deed of a monetary loan contract for consumption (hereinafter “notarial deed of this case”).
(P, the representative director of H, who is a social welfare foundation, is the father of theO, the representative director of the D Co., Ltd.). At the time of the Plaintiff, the Plaintiff Do F and the Defendant, who had been able to operate the E Medical Foundation, also requested that the Defendant become a creditor on the instant notarial deed through F, and requested that the Defendant
The Defendant’s No. notarial deeds of KRW 160,00,000 (Law Firm Navy No. 1002, Dec. 23, 2011), which are joint and several sureties of creditors, D Co., Ltd., and social welfare foundation H, were drafted on December 23, 201.
E. Since March 5, 2012, the Defendant received reimbursement of KRW 15,000,000 from D Co., Ltd. and deposited the following amount to the Plaintiff.
However, on April 10, 2012, the Defendant paid KRW 30,000,000 from D Co., Ltd. to the Plaintiff, but did not pay the said money to the Plaintiff and did not contact with the Plaintiff and F.
F. At present, the original authentic copy of the notarial deed in this case is owned by the Plaintiff, and the Defendant on December 2012.