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(영문) 인천지방법원 2018.02.28 2016가단48135

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).

(2) On July 9, 2015, the Defendant agreed to lend KRW 30,000,000 to the Defendant on August 30, 2015 (before the fourth general meeting approval of the Dmarket Improvement Promotion Committee) (hereinafter “instant loan claim”).

(2) On April 8, 2016, C transferred the instant loan claim and the instant loan claim to the Plaintiff along with the right to collateral security on the Nam-gu Incheon Metropolitan City E and F, which is owned by the Defendant. On the same day, C notified the Defendant of the assignment of the said claim by means of content-proof mail, and sent it to the Defendant on April 12, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the acquisition amount of the instant loan claim KRW 30,000,000 and damages for delay.

2. Judgment on the defendant's assertion

A. The loan claims of this case against the defendant of the defendant C in the summary of the defendant's assertion are invalid due to the violation of the understanding letter related to the D market improvement promotion committee, etc., so the plaintiff cannot respond to the plaintiff's claim.

B. Determination 1) The following facts are acknowledged according to the following: (a) the entry of the facts of recognition Nos. 1 through 10, and the purport of the witness G’s testimony and pleading as a whole. ① The Defendant is the Nam-gu Incheon Metropolitan City Committee for Promotion of Establishment of the Establishment of the D Market Improvement Project (hereinafter

(2) On July 3, 2015, the committee of promoters entered into a joint MOU with C on the pertinent D market improvement project, and the main contents of which are as follows: Article 3 (Method of Implementing Projects) is to establish a new building, and Article 3 (Method of Implementing Projects) is to complete a responsible building for any building checks by inserting technologies and capital, and provide the committee of promoters with the optimal position. Article 5 (C’s Rights and Duties)

2. C is the Promotion Committee.