(영문) 서울중앙지방법원 2015.06.26 2014나44320

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(영문) 서울중앙지방법원 2015.06.26 2014나44320

양수금

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1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. In addition to the entries in the evidence Nos. 1 through 7, E had a monetary claim of KRW 3,00,000 against the Defendant (hereinafter “claim of this case”) around August 30, 2010. On March 27, 2013, it concluded a contract with A to transfer the claim of this case to A, and on March 29, 2013, it is recognized that the notice of the assignment of claim was notified to the Defendant and the notice was delivered to the Defendant around that time.

2. The Defendant’s judgment as to this safety defense is mainly based on the fact that the said assignment of claims is deemed null and void as it constitutes a litigation trust, and thus, the instant lawsuit is filed by a person who is not qualified as a party. As such, the issue of whether the assignment of claims mainly focuses on having another party conduct litigation is unlawful is determined in light of all the circumstances, such as the process and method of concluding the assignment of claims, the time interval between the transfer contract and the filing of the lawsuit, and the relationship between the transferor and the transferee (see, e.g., Supreme Court Decision 2012Da23412, Mar. 27, 2014). Therefore, the Defendant’s aforementioned assertion is without merit, since there is no evidence to support that

3. The Plaintiffs, based on the premise that the net A acquired the instant claim from E and possessed it, filed a claim for the payment of the acquisition amount against the Defendant.

However, the following circumstances, which are acknowledged in addition to the purport of the entire pleadings, concluded a contract with F to transfer the instant claim to F on January 7, 2015. On January 23, 2015, the deceased notified the Defendant of the fact of the assignment of the claim and served the notification to the Defendant around that time, and the F received the instant claim on January 26, 2015.

참조판례

-대법원 2014. 3. 27. 선고 2012다23412 판결

유사 판례

-대전지방법원 2017.02.15 2015가단33370

-부산지방법원 2014.12.10 2014가합10840

-부산지방법원 2016.11.09 2015가합45300

-대전지방법원천안지원 2019.11.08 2019가합101475

-대전지방법원 2015.05.08 2013나20203