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(영문) 광주고등법원 2016.09.09 2015나2095

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.


1. Basic facts

A. B had a claim established by judgment against the Plaintiff through the Seoul District Court’s Dong Branch case 2002Ga753 case, but filed a lawsuit with the Gwangju District Court 2012Gahap5071 to extend the extinctive prescription period of the judgment claim, and was sentenced on February 8, 2013, “The Plaintiff shall pay to B 311,652,000 won per annum from June 7, 200 to February 8, 2002, and 25% per annum from the next day to the date of full payment (hereinafter “related judgment”).” The above judgment was finalized on March 1, 2013.

B. B, through agent G on July 25, 2014, decided to transfer the claim under the relevant judgment to the Defendant in KRW 35,000,000, and the Defendant paid KRW 5,000,000 for the same day down payment.

C. On February 9, 2015, the Defendant paid KRW 30,000,00 to the above G for the remainder of the acquisition price of the claim under the relevant judgment. On the same day, B transferred the remainder of the claim (hereinafter “instant claim”) calculated by subtracting KRW 1,673,150 from the claim for the judgment in question, that was recovered by compulsory execution against corporeal movables owned by the Plaintiff from the claim for the judgment in question, and notified the Plaintiff of the said transfer on February 24, 2015.

On February 26, 2015, the defendant was granted the execution clause to which he/she was his/her successor B from the Gwangju District Court 1, 2015.

E. On March 12, 2015, the Defendant filed an application with the Gwangju District Court for a seizure and collection order as to the Plaintiff’s future rent claim against D, E, and F, with the authentic copy of the relevant judgment as the executive title.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 4, 5, 6, 8, 9, and the purport of the whole pleadings

2. The plaintiff's main purpose of transferring the claim of this case is to conduct procedural acts or to conduct claims collection business.