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(영문) 의정부지방법원 2018.10.24 2018나200182
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for addition, modification, and deletion as follows. Thus, this is acceptable as it is by the main sentence of Article 420 of the Civil Procedure Act.

Article 7 of the Trust Act shall apply mutatis mutandis even if the assignment of a claim does not constitute a trust under the Trust Act, so it shall be determined in light of the following circumstances: (a) the transfer of a claim is made by applying mutatis mutandis Article 7 of the Trust Act; (b) the principal purpose of which is to conduct litigation shall be determined in light of the following circumstances: (c) the details and methods of the transfer contract; (d) the interval between the transfer of the claim and the filing of the lawsuit; and (e) the relationship between the transferor and the transferee; and (e) whether the transfer of the claim is the main purpose of which is to conduct litigation.

(2) The loan certificate and promissory note in this case are transferred to the Plaintiff on August 16, 2016, when considering the various circumstances indicated in the records, including the following: (a) the loan certificate and promissory note in this case were transferred to the Plaintiff on December 6, 2002; and (b) the loan certificate and promissory note in this case cannot be deemed as effective; and (c) the loan certificate and promissory note in this case were transferred to the Plaintiff on September 22, 2016, which were the following day after May 6, 2016.

However, the plaintiff asserts that "a person has lent money to C through Y in a de facto marital relationship, and received the claim of this case in lieu of receiving the above money from C," and the statement and arguments of Nos. 34, 35, and 45-1 and 2 are as follows.

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