logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.25 2015가합18270
양수금
Text

1. The defendant shall pay 270,000,000 won to the plaintiff and 20% per annum from June 24, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s father C (Death on July 11, 201) lent a total of KRW 270 million to the Defendant, including KRW 16.20 million on October 16, 201, KRW 20 million on June 12, 2012, KRW 30 million on August 14, 2012, KRW 20 million on January 24, 2013, and KRW 200 million on January 24, 2013.

B. On April 9, 2015, C transferred the above loan claims against the Defendant to the Plaintiff, and on April 10, 2015, C notified the Defendant of the assignment of claims, and the above notification reached the Defendant at that time.

C. C and the Plaintiff demanded the repayment of the above loan on several occasions, but the Defendant failed to comply with the request.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff who acquired the loan claim the total amount of KRW 270 million and damages for delay calculated at the rate of 20% per annum from June 24, 2015 to the day of complete payment, which is the day following the day when the original copy of the instant payment order was served on the Defendant.

3. Judgment on the defendant's assertion

A. In light of the purport of the Defendant’s assertion C and the Plaintiff’s father land, C were delinquent in paying taxes equivalent to approximately KRW 350 million, and C applied for the instant payment order since it did not transfer the loan claims to the Plaintiff and did not exceed two months, etc., the transfer of the loan claims constitutes a case where the transfer of the above loan claims was mainly conducted for litigation, and thus, the Plaintiff’s claim based on a lawful assignment of claims is without merit.

B. In a case where the assignment of claims, etc. primarily with the aim of making the judgment 1 procedural acts, even though the assignment of claims does not constitute a trust under the Trust Act, Article 6 of the Trust Act shall be applied mutatis mutandis and null and void, and whether making the assignment of claims be the main purpose of litigation shall be determined by applying mutatis mutandis Article 6 of the Trust Act

arrow