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(영문) 인천지방법원 2015.06.10 2014나17633

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The defendant asserts that the lawsuit of this case where the plaintiff sought the return of loan to the defendant is not the representative director of the corporation C (hereinafter "C") and that there is no standing to be a party.

In the action for performance, the plaintiff's qualification as the party itself as the plaintiff's claim's own action, and the judgment is absorptiond into the judgment of the propriety of the claim, so the claimant for his claim for performance is entitled to do so;

A person asserted as the obligor from that person is a legitimate defendant.

Therefore, since the Plaintiff, who voluntarily asserts that he is the loan obligee, is qualified as the Plaintiff, the Defendant’s above assertion is without merit.

2. Judgment on the merits

A. On May 3, 2008, the Plaintiff asserted that the Plaintiff lent KRW 20 million to the Defendant on June 5, 2008, setting the due date for payment as set by the Defendant on June 5, 2008.

Even if the above money was lent by C, not the Plaintiff, the Plaintiff is obligated to pay the Plaintiff the above KRW 20 million and damages for delay from June 6, 2008, since the Plaintiff received the assignment of claims from C on July 20, 201.

B. 1) First, there is no evidence to prove that the Plaintiff directly lent KRW 20 million to the Defendant. Thus, this part of the Plaintiff’s assertion is without merit (In conclusion, according to each of the evidence Nos. 1 through 4, and No. 3, the party who traded with the Defendant appears not to be C but to be not the Plaintiff, and the Defendant’s claim against the Defendant is not a loan claim, but a loan claim for goods price.

2) Next, on July 20, 201, as to whether the Plaintiff acquired the Defendant’s claim, the Plaintiff submitted a transfer contract (Evidence 4) to the Plaintiff and D on July 20, 201, to the effect that C transfers the purchase price claim of KRW 20 million against the Defendant and IMN to the Plaintiff and D on July 20, 2011.

However, the pleading is made in the entry of No. 3.