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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition (1) The Plaintiff had loan and loan claims against C Co., Ltd. (hereinafter “C”) whose representative director is B, and the Defendant is a corporation that is engaged in the business of manufacturing and selling the original advance sale sets by succeeding to the entire facilities and business of C, and is a corporation that C and B acquired the obligation owed to the Plaintiff.
(2) The Seoul District Court issued a payment order (2003 tea 41934 allowances) to C on October 4, 2003 and the above payment order became final and conclusive on October 19, 2003, when C had a claim for allowances of KRW 130 million against C during the period from September 2002 to September 2003.
(A) On January 30, 2004, the plaintiff received the above claim that he had sexual intercourse C from his father on January 30, 2004, and in order to clarify the fact of transfer and takeover, on January 30, 2004, the plaintiff received a notarized act as No. 309 on January 30, 2004 in the bond transfer and takeover contract by the law firm Leesan et al.
(A) The Plaintiff, on September 25, 2002, lent KRW 25 million to B on the condition that the Plaintiff reimburses the loan amounting to KRW 25 million within one month from the time of the Plaintiff’s request. However, on the other hand, the Plaintiff applied for a payment order to the Southern Branch of Seoul District Court (2003 tea841) and applied for a payment order on March 5, 2003, and the payment order became final and conclusive on March 20, 2003.
(A) No. 3. (4) 7 million won and 2 million won loan credit related to the loan (the claim of this case No. 3-c. (d)) the Plaintiff lent to B a loan of KRW 7 million on October 10, 2002, and on December 3, 2002, the Plaintiff lent the loan of KRW 2 million to B, and the above loan was not repaid even after the expiration of the due date.