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(영문) 전주지방법원 2019.09.20 2018나8524
양수금
Text

1. Of the judgment of the court of first instance, KRW 34,275,792 as well as KRW 6% per annum from February 18, 2017 to September 20, 2019.

Reasons

1. The grounds for the court’s argument in this part are as stated in the judgment of the court of first instance, except in a case where the 3rd part of the judgment of the court of first instance “the plaintiff” in the 6th part of the judgment of the court of first instance and the 3rd part “the plaintiff” in the 15th part “C” respectively are as stated in the corresponding part of the judgment of the court of first instance. Thus, this part is

2. Determination

A. In a case where the assignment of claims, etc. primarily with the intention of having the assignment of claims conduct litigation as to whether the assignment of claims constitutes a trust in a lawsuit, Article 7 of the Trust Act shall be deemed null and void, even if the assignment of claims does not fall under a trust under the Trust Act by analogy. Whether it is the principal purpose of litigation shall be determined in light of all the circumstances, such as the details and method of concluding the assignment of claims contract, the time interval between the transfer contract and the filing of the lawsuit,

(2) In light of the legal principles as seen earlier, the Plaintiff transferred KRW 60,00,00 to G, H, and I upon receiving a request from C to lend a security deposit to the Plaintiff, according to the overall purport of each of the statements and arguments set forth in the evidence Nos. 9, 16 (including the serial number) and the instant case. The Plaintiff transferred the security deposit to the Plaintiff on October 26, 2016 after acquiring the claim from C on December 13, 2017. Thus, it is difficult to view that C transferred the claim to the Plaintiff on March 28, 2014, which was concluded with the Defendant, at a different time between C and C’s transfer of the security deposit and sales contract (hereinafter “instant contract”) to the Plaintiff on March 28, 2014.

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