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(영문) 춘천지방법원영월지원 2020.12.23 2020가단1115
양수금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s assertion is a creditor who holds a loan claim of KRW 55,000,000 against D.

D had a loan claim amounting to KRW 54,450,000 against the Defendant, but transferred this claim to the Plaintiff and notified the Defendant of the assignment of claim on August 7, 2020.

Therefore, the Plaintiff, as the assignee, seek against the Defendant the above 54,450,000 won and damages for delay.

B. The defendant's assertion did not know D and did not borrow money from D.

The Defendant’s mother C used the Defendant’s name account as it is not good credit, and only received money from D as a means of living expenses, etc. from around 2015.

2. Comprehensively taking account of the overall purport of the statements and arguments as indicated in Gap evidence Nos. 1, 2, 3, and 6, D transferred KRW 54,450,00 to the defendant's account under the name of the defendant on July 7, 2015, and the plaintiff and Eul entered into a contract with D on August 6, 2020 "5,450,000 which D had against the defendant on July 7, 2015, and its interest claim assigned to the plaintiff"; D sent the notice of assignment of claims under the above transfer contract to the defendant on August 7, 2020, which reached the defendant's side on August 10, 2020.

However, according to the evidence No. 6, D’s electronic financial transfer result written “C Borrowing” on July 7, 2015 on the certificate of deposit transfer from July 7, 2015, and in light of this, the party who entered into a contract with D appears to be the defendant’s mother C, and the defendant, only the account holder, cannot be deemed as the party to a monetary loan contract between D and D.

Therefore, the plaintiff's assertion based on the premise that the defendant is a debtor for loans to D is without merit.

3. The plaintiff's claim is dismissed as it is without merit.

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