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(영문) 광주지방법원 순천지원 2018.08.09 2017가단78091
양수금
Text

1. The Defendant is 6% per annum from October 19, 2017 to June 20, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The IM industry (hereinafter “EM industry”) entered into a stone supply contract with the Defendant and supplied tin and clothes to the Defendant from January 3, 2014 to August 25, 2014, but failed to receive KRW 51,523,450 out of the price.

(hereinafter “instant goods payment claim”). B.

On September 25, 2017, EM industry transferred the instant product price claim to the Plaintiff, and notified the Defendant of the assignment of the said claim on the same day.

C. Meanwhile, on October 7, 2016, the transfer of the above assignment of claims filed a lawsuit against the Defendant seeking the payment of the instant goods by Jeonju District Court Branch Branching 2016Kadan3506, Jeonju District Court Branching the Defendant. However, on the ground that Jung-Eup Office issued a seizure and collection order on April 20, 2017 on the ground that he/she at the time issued the seizure and collection order as a disposition on default on the said claims.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on this safety defense

A. In the event that the Defendant’s assertion IM industry exceeded its obligation, it is unclear whether the transfer of the claim for the price of the goods in this case was made only to the Plaintiff among many creditors, and the IM industry filed a lawsuit against the Defendant for the price of the goods in this case, but the seizure was cancelled after the judgment was rendered by dismissal due to the seizure and collection order, and as such, IM industry could bring a lawsuit against the Defendant, it is unreasonable for the Plaintiff to bring the lawsuit in this case at 15 days after transferring the claim to the Plaintiff by himself.

Therefore, the transfer of the instant goods payment claim to the Plaintiff is null and void as a litigation trust with the main purpose of enabling the Plaintiff to conduct litigation.

B. Where the assignment of claims, etc. primarily takes place with the aim of making judgment 1 procedural acts, the assignment of claims shall be deemed null and void, and whether it is the main purpose of making procedural acts conducted.

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