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(영문) 서울중앙지방법원 2016.09.07 2016가단5104367
대여금
Text

1. The defendant shall pay 131,260,472 won to the plaintiff and 30% per annum from March 6, 2010 to the day of complete payment.

Reasons

1. The plaintiff sought payment of the acquisition amount against the defendant based on the attached form of claim and the changed cause of claim (However, the creditor is deemed the plaintiff and the debtor is deemed the defendant). The defendant argues that the lawsuit of this case is unlawful because the plaintiff constitutes a lawsuit trust with the acquisition of a claim for the purpose of performing the lawsuit.

In a case where the assignment of claims is mainly carried out with respect to the procedural acts, Article 7 of the Trust Act shall apply mutatis mutandis even if the assignment of claims does not constitute a trust under the Trust Act. Whether it is the principal purpose of the procedural acts shall be determined in light of the following: (a) the process and method of concluding the assignment of claims; (b) the time interval between the transfer contract and the filing of the lawsuit; and (c) the status relationship between the transferor and the transferee (see, e.g., Supreme Court Decision 2000Da4210, Dec. 6, 2002); and (d) the overall purport of arguments in the statement of evidence Nos. 3 and 4 (including the provisional parcel number distribution); and (c) as a whole, D who acquired the loan claims against the Defendant upon the request of the Plaintiff to transfer the claims in the name of F, the representative director of E, a stock company, who works for the Plaintiff, while borrowing money from the Plaintiff, and thus, it cannot be acknowledged that the Plaintiff transferred the above claim to the Plaintiff.

2. The judgment on the cause of the claim and the changed cause of the claim (Provided, That the creditor shall be the plaintiff, the debtor shall be the defendant) shall not be disputed between the parties, or shall be acknowledged in full view of the whole purport of the pleadings in the statement in Gap evidence Nos. 1 and 4 (including the provisional lot number list). Thus, the defendant shall pay the plaintiff the remaining principal of the transferred money.

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