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(영문) 창원지방법원 2016.03.24 2015가합2270
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. The parties concerned Plaintiff is a person engaged in the manufacturing business of assembly metal products in their trade name. The Defendant is a company with the objective of export, import, sale, etc. of industrial facilities, and C (hereinafter “C”) is a company with the purpose of manufacturing paper machinery.

B. C (1) The supply contract of facilities between C and the Defendant on May 15, 2007 (hereinafter “instant supply contract”) shall be the supply contract of facilities with the Defendant.

Upon conclusion of the contract, C and the Defendant concluded a contract on March 25, 2008, which set the supply period of the first facilities as 4,900,000,000, and the supply period of the second facilities as 30,000 on December 31, 2007. 2) After that, C and the second facilities supply period as 4,90,000,000 from 4,90,000,000 to 8,754,00,000 won for the above supply contract.

C. On July 6, 2015, C entered into a contract on the assignment of claims between C and the Plaintiff (hereinafter “instant contract on the assignment of claims”) with the Plaintiff to transfer residual claims equivalent to KRW 556,950,000 under the instant supply contract to the Defendant, and the said notification was issued to the Defendant around that time by giving notice on the assignment of claims on July 9, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The defendant's assertion that the plaintiff's principal purpose is to conclude the contract of this case with C and file the lawsuit of this case is to perform the lawsuit for C, and thus, the lawsuit of this case is unlawful and thus dismissed.

B. Article 6 of the Trust Act is applicable to cases where the assignment of claims, etc. primarily takes place with the aim of having the judgment 1-related legal principles to proceed with litigation, even though the assignment of claims does not constitute a trust under the Trust Act.

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