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(영문) 서울중앙지방법원 2020.08.11 2019나83948

양수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the “rate of damages for delay” of 11, 2, 2, 2, 2, 3, 5, 16, 3, and 2, 5, and 16, respectively, shall be deemed as “real estate”; and (b) the Defendant’s additional assertion that the court adds to this court is identical to the reasons for the judgment of the court of first instance; and (c) thus, they shall be cited as it is,

2. Additional determination

A. The Defendant asserts to the effect that the instant loan transfer agreement concluded between C and the non-party company constitutes a litigation trust with the main purpose of litigation, and thus, is null and void. Thus, the Defendant asserts to the effect that even if the non-party company, not the obligee C, received dividends, it

B. Article 7 of the Trust Act shall apply mutatis mutandis to cases where the assignment of claims, etc. primarily for the purpose of taking account of the following: (a) the transfer of claims is deemed null and void; (b) however, whether to allow a person to take litigation ought to be determined in light of all the circumstances, including the details and methods of concluding the transfer of claims; (c) the time interval between the transfer contract and the filing

(2) In light of the following circumstances, the purpose of the instant claim assignment is to: (a) the instant case’s health class; (b) the evidence as seen earlier; and (c) the fact-finding results and the overall purport of the pleadings of this court with respect to the instant claim assignment; and (d) the purport of the entire pleadings, namely, C responded to the purport that “the instant claim was transferred in return for payment for early adjustment of non-performing claims”; (c) the instant lawsuit was brought about six years after the date of the assignment of claims; (d) there is a considerable interval between the assignment of claims and the lawsuit; (e) the relationship between the said assignment of claims and the said assignment of claims; and (e) the details and the method leading up to the said assignment of claims.