대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning of the judgment of the court of first instance cited by the court is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendant to the argument added at the court of first instance as stated in paragraph (2) below. Thus, it is acceptable in accordance with the main sentence of
In addition, the Defendant’s assertion 1) on July 28, 1995: (a) on the deceased and C’s debt of KRW 178,00,00,000,000,000 for the deceased’s debt of KRW 243,000,000,000 for the deceased; and (b) paid KRW 65,00,000 to C; and (c) thereafter, upon the completion of the loan certificate, the Defendant’s debt to the deceased was KRW 178,00,000 for the deceased and KRW 5,00,000 for each of the above debt to C; (b) even if the Defendant prepared to the Plaintiff to pay the debt to the deceased, the extinctive prescription of the debt to the deceased was already completed; and (d) the Plaintiff and C’s joint heir’s debt was null and void, other than the loan certificate of this case; and (e) the Plaintiff and C’s joint heir’s debt was not subject to delegation by the joint heir at the time of the Plaintiff and C’s debt.
Judgment
1. Examining the facts acknowledged earlier in light of the relevant legal principles, it appears that C’s claims against the Defendant were transferred to the Plaintiff by the preparation of the loan certificate of this case between the Plaintiff and the Defendant and C, and this constitutes a novation due to the transfer of assignment of claims or the change of creditors. In general, the assignment of claims ought to
Meanwhile, it is reasonable to deem that the Defendant, as the debtor, given the Plaintiff the instant loan certificate without reserving objections to the assignment of claims. In such a case, the Defendant has a reason to block or reject the establishment, existence, and exercise of the claim, barring any special circumstance.