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1. The Defendant’s KRW 113,153,044 as well as 5% per annum from January 18, 2019 to April 29, 2019, and the following.
Reasons
1. Basic facts
A. On November 30, 2018, C Co., Ltd. (hereinafter “C”) entered into a contract with the Plaintiff on the assignment and acquisition of claims (hereinafter “instant contract on the assignment and acquisition of claims”) between the Plaintiff and C, under which C transferred KRW 164,819,244 to the Defendant of the purchase price of goods to the Defendant, and notified the Defendant of the transfer of claims on the same day.
B. From around May 2012 to May 2018, the Defendant supplied a panel from C, and manufactured and sold a dried machine by using it as materials, and the Defendant did not pay a total of KRW 147,79,244 to C.
[Reasons for Recognition] Facts without dispute, Gap evidence 2, 3 and 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The Defendant asserts to the effect that the instant lawsuit is unlawful, since the Defendant’s judgment on the Defendant’s main defense was made with the main purpose of enabling the Plaintiff to proceed with litigation and violated the prohibition of a lawsuit trust under Article 6 of the Trust Act.
In a case where the assignment of claims, etc. primarily takes place with the intention of making the said assignment of claims, Article 6 of the Trust Act shall apply mutatis mutandis even if the said assignment of claims does not constitute a trust under the Trust Act, and thus, is null and void. However, whether it is the principal purpose of making the said assignment of claims shall be determined in light of the following circumstances: (a) the process and method of concluding the assignment of claims; (b) the time interval between the transfer contract and the filing of the lawsuit; and (c) the relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decision 2000Da4210, Dec. 6, 2002). The evidence submitted by the Defendant alone cannot be readily concluded
Therefore, the defendant's above assertion is without merit.
3. According to the above findings of the determination on the cause of the claim, the determination is made.