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(영문) 대법원 2015.05.28 2015다202131
양수금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the reasoning of the lower judgment as to the grounds of appeal Nos. 1 and 2, the lower court determined that the assignment of claims in this case was mainly conducted for litigation and thus constitutes a litigation trust and thus null and void.

In light of the relevant legal principles and records, the above determination by the court below is just. Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on the interpretation of disposal documents and the trust

2. As to the ground of appeal No. 3, this part of the ground of appeal argues that the Plaintiff’s lawsuit against Defendant C is unlawful because it is not recognized as a need to preserve.

However, as seen earlier, insofar as the assignment of claims in this case is deemed null and void as it falls under a litigation trust, the validity of such additional judgment cannot affect the judgment.

Ultimately, this part of the ground of appeal cannot be accepted without further review.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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