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(영문) 서울중앙지방법원 2015.08.12 2014가합555482

양수금

Text

1. As to Defendant B’s KRW 140,00,000 and KRW 120,000 among them, Defendant B’s KRW 20,000 from February 17, 2010, and KRW 20,000,00.

Reasons

1. The Defendants asserted that the Plaintiff acquired the loan claim from Nonparty D, and that the Plaintiff acquired the loan claim and the obligee’s claim for the revocation of the transfer amount and the claim for the revocation of the claim, and the Plaintiff merely asserted that the instant lawsuit is unlawful due to the filing of a lawsuit by the trust of lawsuit.

In cases where the assignment of claims, etc. mainly takes place with the intention of having the assignment of claims, Article 7 of the Trust Act shall apply mutatis mutandis, even if the assignment of claims does not fall under a trust under the Trust Act, and whether it is the primary purpose of litigation shall be determined in light of various circumstances, such as the details and methods of concluding the assignment of claims contract, the time interval between the transfer of claims and the filing of a lawsuit

(2) Upon examining the following facts: (a) No. 2-1, 2, 2, 3, 200, 200, 200, 200, 200, 2000, 200, 2015, 2015, 2015, 200, 200, 200, 200, 2000, 200, 2000, 2000, 200, 2000, 200, 2015, 200,000, 2010, 2010, 2010, 200, 2000, 200, 200,000, 200,000,000,000,000,000,000,00,000,00,00)

Therefore, the defendants' defense prior to the above merits is without merit.

2. Judgment on the merits

A. Evidence No. 1-1, 2, 2-1, 2-2, 3, 1-1, 2-2, 6-1, 2, and 6-1, 2.