양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion D; Defendant B lent total of KRW 272,920,00 from February 26, 2015 to April 26, 2018; and the repayment of KRW 307,411,700 to KRW 26,297,528 of the interest calculated by the highest interest rate prescribed in the Interest Limitation Act was received; Defendant C borrowed total of KRW 15,000,000 from December 2, 2016 to September 14, 2017; and received KRW 40,880,171 by receiving reimbursement of KRW 200,90,140.
Therefore, the Defendants are obligated to return each of the above amounts to the Plaintiff who acquired the claim from D as unjust enrichment.
2. The Defendants’ determination as to the Defendants’ defense prior to the merits constitutes a litigation trust, and thus, the instant lawsuit is deemed unlawful. Therefore, in a case where the assignment of claims, etc. mainly takes place with the intent of allowing the Plaintiff to proceed with litigation, Article 6 of the Trust Act shall be deemed null and void by analogy, even if the assignment of claims does not constitute a trust under the Trust Act. The determination as to whether to allow the Defendants to proceed with litigation shall be made in light of all the circumstances, such as the process and method of concluding the assignment of claims contract, the interval between the transferor and the transferee after the transfer contract was concluded
(See Supreme Court Decision 2012Da23412 Decided March 27, 2014 (see, e.g., Supreme Court Decision 2012Da23412). In light of the foregoing legal doctrine, comprehensively taking into account the following circumstances, each of the instant contracts entered into between the Plaintiff and D and D (hereinafter “each of the instant contracts”) is mainly aimed at engaging in litigation, and is deemed null and void against Article 6 of the Trust Act.
The Plaintiff, from May 10, 2016 to April 28, 2018, transferred the sum of KRW 1,209,828,00 from its own account to D, and received KRW 1,179,617,200 from D, and received KRW 30,210,80 from D.