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(영문) 대전지방법원 2020.04.23 2018나13842
대여금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1, 2, and 3 of the facts of recognition, ① the Plaintiff sought against the Defendant for the performance of the same claim as stated in the purport of the claim (hereinafter “instant claim”), the court of first instance rendered a judgment in favor of the Defendant on February 9, 2006 after both a written complaint and a written notice of date for pleading were served to the Defendant by public notice. On February 13, 2006, the original copy of the judgment was also served by public notice. The above judgment of the first instance became final and conclusive at that time; ② D was granted an execution clause to the judgment of the first instance on May 18, 2009; ③ around December 5, 2018, D transferred the instant claim to E; ④ around December 5, 2018; ④ the fact that the Defendant was notified of the assignment of the instant claim to the Defendant on February 1, 2018; ⑤ the fact that the Defendant was notified of the assignment of the instant claim to the Defendant on the first instance judgment.

2. According to the above facts of recognition as to the cause of the claim, after the judgment of the court of first instance was rendered, it can be recognized that the right based on the claim of this case was transferred to D and E from the plaintiff. Thus, the plaintiff's claim of this case premised on the holding of the right based on the claim of this case is without merit without further review.

3. The plaintiff's claim against the defendant in conclusion must be dismissed for lack of reasonable grounds.

The judgment of the first instance is unfair on the contrary of this conclusion, and the plaintiff's claim is revoked and dismissed.

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