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(영문) 대전지방법원공주지원 2015.07.30 2015가단20673
청구이의
Text

1. Certificates prepared on December 10, 2014 by notary public D, belonging to the Daejeon District Prosecutors' Office, against the defendant's plaintiffs, which was prepared by the defendant in December 10, 2014.

Reasons

1. Facts of recognition;

A. On December 2, 2014, New Daily well-being Co., Ltd. (hereinafter “New Daily”) transferred KRW 60,000,000 to the Defendant for the purchase price of goods against the Plaintiffs.

(hereinafter referred to as “transfer of claim of this case”). (b)

On December 3, 2014, the Defendant: (a) notified the Plaintiffs of the instant assignment of claims; (b) demanded the Plaintiffs to prepare a power of attorney to prepare a notarial deed; and (c) to issue a certificate of personal seal impression, etc.; and (d) on December 4, 2014, the Plaintiffs prepared a power of attorney to delegate all the authority to commission the Defendant to prepare a notarial deed, and issued a certificate of personal seal impression

C. On December 10, 2014, the Defendant entrusted D with the preparation of a notarial deed described in Paragraph (1) of this Article in the capacity of the obligee and the obligor, the Plaintiff A, and the Plaintiff B, a joint and several surety, as an agent, to a notary public. Accordingly, the notarial deed described in Paragraph (1) of this Article (hereinafter “instant notarial deed”).

Based on the instant notarial deed, the Defendant filed an application against the Plaintiffs for re-issuance with this Court No. 2015Kao152, and the Plaintiffs filed the instant lawsuit on April 15, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. In a case where the assignment of claims primarily takes place with the aim of making judgment litigation, Article 7 of the Trust Act shall be deemed null and void, even if the assignment of claims does not fall under a trust under the Trust Act by analogy. The litigation in a lawsuit trust refers to the act of widely promoting the realization of rights through a judicial institution, not limited to the litigation under the Civil Procedure Act, and an application for compulsory execution under the Civil Execution Act is also included therein (see, e.g., Supreme Court Decision 2009Da55808, Jan. 14, 2010). Whether it is the principal purpose of having the assignment of claims is the course and method of concluding the assignment contract, and the interval between the transfer contract and the

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