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(영문) 서울고등법원 2016.04.26 2015나20744
청구이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 22, 2012, the Plaintiff entered into a contract with the Defendant to transfer a claim of KRW 18.65 million against the Plaintiff (a claim of KRW 42.65 million for agreed amount) to the Defendant (hereinafter “instant contract to transfer a claim of KRW 66 million”).

B. On the same day, the Plaintiff issued to the Defendant a promissory note with the effect that “the amount of KRW 130 million is KRW, the date of issuance May 21, 2012, the date of payment, August 21, 2012, and the Defendant” (hereinafter “instant promissory note”) and that the promissory note was issued with the intent to immediately recognize compulsory execution as to the instant promissory note.

[Ground of recognition] Facts without dispute, Gap 1-6 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The purport of the plaintiff's assertion was that the plaintiff entered into a contract with the defendant for the assignment of claims for the purpose of requesting the defendant to collect the claims against C, and that the plaintiff must appear to bear the obligation to the defendant for the collection of the above claims, and issued the Promissory Notes in this case to the defendant and issued them as notarized. The Promissory Notes in this case were issued by a false competitive agreement between the plaintiff and the defendant without any cause. Thus, the execution based on the Promissory Notes in this case's non-performance of a compulsory execution should be denied. 2) The defendant's argument was that the defendant introduced the plaintiff as an insurance solicitor and received the introduction fees. As the plaintiff was unable to pay approximately KRW 90 million for the introduction fees to the defendant, the plaintiff concluded the Foreign Motor Vehicle Lease contract with the defendant and promised to pay the above introduction fees by the plaintiff to the defendant, and in order to secure its performance, it was issued to the defendant.

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