양수금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. As to the instant case, the reasoning for the entry is as follows: (a) the reasoning for the instant case is as follows; (b) the reasoning for the first instance judgment is as follows; and (c) the reasoning for the instant case is identical to that for the first instance judgment; and (d) the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
2. Parts of scraping;
B. 1) The Defendants asserted that the instant lawsuit is unlawful after the Plaintiff acquired the first and second claims from E mainly for the purpose of the litigation trust.
B) In a case where the assignment of a claim is primarily carried out for litigation, Article 7 of the Trust Act is null and void even if the assignment of claim does not fall under a trust under the Trust Act. Whether it is a principal purpose is determined in light of various circumstances, such as the process and method of concluding a contract for the assignment of claim, interval between the transferor and the transferee after the assignment of claim was carried out, and the personal relationship between the transferor and the transferee (see, e.g., Supreme Court Decisions 2004Da8371, Jun. 25, 2004; 2012Da8628, Sept. 12, 2013). In this case, the Plaintiff’s explanation of the claim under Article 1, 6, Eul evidence 7-11, 14, 26, 31, 33, and 35-2 of the Trust Act, and the Plaintiff’s explanation of the claim under Article 80 of the Trust Act, which was initiated in the process of collecting the claim of this case, was based upon the Plaintiff’s demand for payment of the claim of this case.