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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On March 25, 2009, the Defendant, at the D office located in Gangdong-gu Seoul Metropolitan Government, provided that “If the Defendant lends the design modification cost, etc. regarding the construction work for the leased apartment 240 households to the YY-gun, Chungcheongnamcheon-gun, the Defendant would give a subcontract for the said construction work to the non-party company” to H, who is the adviser of G (hereinafter “non-party company”) through E and F, via E and F.
B. Accordingly, the non-party company, on March 25, 2009, remitted 10 million won to the single bank account under the name of the defendant, and 8.5 million won on April 24, 2009, and lent 18.5 million won in total to the defendant (hereinafter “instant loan”).
C. However, the Defendant did not pay the instant loan to the Nonparty Company without giving a subcontract for the said construction work, and the Nonparty Company and H filed a complaint with the Defendant on the charge of fraud.
Accordingly, the Defendant issued a summary order of a fine of three million won (U.S. District Court Branch Decision 2015 Gonam Branch Branch Decision 2015 Gonam Branch Decision 5987) and applied for formal trial on February 2, 2016, and was sentenced to a judgment that sentenced a fine of three million won (U.S. District Court Decision 2015 Gonam Branch Decision 2015 Gonam Branch Decision 959), and the Defendant appealed against the above judgment, but the Defendant appealed on October 19, 2016.
(U.S. District Court 2016No985).
On the other hand, on January 9, 2015, Nonparty Company transferred the instant loan claims against the Defendant to the Plaintiff. On January 21, 2015, the Plaintiff was delegated with the authority to notify the assignment of claims by Nonparty Company, and notified the Defendant of the assignment of claims, which reaches the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 4, 10, 11, Eul’s 1, 4, and 7, and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is the non-party.