logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.02.19 2020가단2500
소멸시효중단을위한 청구의 소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The gist of the parties’ assertion is to confirm that a claim for a trial has been filed in order to suspend the statute of limitations of the instant claim on the grounds that the Plaintiff received the claim established by the judgment of the Seoul Central District Court on January 15, 201 from H, I, J, K, H, L, and M (hereinafter “H, etc.”) against the Defendants (hereinafter “instant claim”) by transfer of the claim that became final and conclusive by the judgment of the case, including the sum 65414 agreed amount, etc. (hereinafter “instant claim”).

The defendant asserts that the transfer of the claim in this case was primarily aimed at the plaintiff's act of litigation in this case, and that the lawsuit in this case was in accordance with the trust of lawsuit and was in an incidental law.

2. In a case where the transfer, etc. of a claim mainly takes place for the purpose of having the person conduct the judgment on the defense prior to the merits, the transfer of the claim does not constitute a trust under the Trust Act.

Even if Article 6 of the Trust Act is applicable by analogy, it is deemed null and void. Whether it is the primary purpose of litigation shall be determined in light of the following circumstances: (a) Doctrine; (b) the statement of evidence No. 3; and (c) the entire pleadings may be known with N on February 18, 201; (d) the Plaintiff and N on the part of H, I, J, K, and M to acquire the instant claim against the Defendants from the Plaintiff and N on the acquisition of the instant claim by transfer contract; and (e) the Plaintiff and N on the part of the Plaintiff and N on the part of the Defendants, including the acquisition of the instant claim from each of the above documents, although each of the above documents were written to acquire the instant claim by transfer; and (e) the Plaintiff did not have any indication on the grounds for transfer; and (e) the Plaintiff did not have any indication on the transfer of the claim.

arrow