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Reasons
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(영문) 광주고등법원(전주) 2015.06.11 2014나3318
채권확인 등
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff was a director of the limited liability company H (hereinafter “H”). Since H was unable to pay the construction cost to the subcontractor, the Plaintiff paid the construction cost in lieu of the subcontractor by transferring the commercial buildings owned by the Plaintiff to the subcontractor. From December 201 to January 2012, the Plaintiff acquired the subcontractor’s claim KRW 605,500,000 from the subcontractor.

B. The J and Defendant B et al. decided to jointly make an investment and purchase of real estate, and concluded a sales contract on part of the K-gu Seoul Special Metropolitan City for a total of four occasions from December 22, 201 to April 16, 201, and paid KRW 1,350,000 to the seller as the purchase price. On March 16, 2011, the J borrowed KRW 3,30,000 from H in order to prepare the purchase price paid as above.

C. Around January 2012, H transferred to the Plaintiff the claim of KRW 330,00,000 against H in relation to the Plaintiff’s reimbursement of KRW 605,500,000 as stated in the said paragraph against the Plaintiff.

(hereinafter “transfer of claim of this case”) D.

J and Defendant B, etc. filed a lawsuit against the seller for the claim for the return of the down payment under the Jeonju District Court 201Kahap6242 regarding the sales contract as stated in the above B B, and on February 20, 2013, the said court rendered a judgment on February 20, 2013 that “The seller shall pay to J KRW 250 million and its delay damages, and Defendant B shall pay KRW 400 million and its delay damages.”

E. As the above decision was rendered, the seller agreed with J and Defendant B to return a total of KRW 750 million to the J and Defendant B, and transferred KRW 750 million to Defendant B’s account on May 13, 2013.

F. On May 15, 2013, J and Defendant B, etc. agreed to distribute the amount of KRW 750 million, which Defendant B received, in proportion to the amount invested. However, the amount to be distributed by J was set at KRW 1.7 million. The Plaintiff’s claim against J due to the assignment of the instant claim in question is KRW 330,00,000.

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