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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. Defendant C asserted that Defendant C’s loan on December 24, 2007, the Plaintiff lent the loan to the Defendant on the part of December 24, 2007, which was alleged by the Plaintiff, is not D or E, and the Plaintiff acquired the claim from D, etc. for the purpose of bringing a lawsuit on behalf of the Plaintiff even though the Plaintiff did not lawfully acquire the claim from D or E, which constitutes a prohibited litigation trust, and thus, the lawsuit of this case is unlawful and dismissed.
The evidence submitted by Defendant C alone is insufficient to recognize that Defendant C transferred the loan claim to the Plaintiff for the principal purpose of having D or E conduct litigation, and there is no other evidence to acknowledge this otherwise. Thus, the above assertion by Defendant C is without merit.
2. Judgment on the merits
A. The plaintiff's assertion 1) on December 24, 2007, with D and E money of KRW 91,760,000, the interest rate of KRW 91,760,000 to Defendant B was determined and lent to Defendant B in installments for 2% per month and 14 months. Defendant C jointly guaranteed Defendant B's above loan obligation. Defendant B paid only KRW 45,879,95 out of the above loan principal amount and did not repay the remainder amount of KRW 45,880,005. Even if the lender of the above loan was not the plaintiff but also D and E, the plaintiff acquired the loan obligation against the defendants. Accordingly, the defendants jointly and severally loaned money to the plaintiff, not the plaintiff, but the plaintiff was a person who borrowed money to the defendant, and even if the plaintiff was deemed to have already acquired the loan and the loan claim of this case for the purpose of five years prior to the lapse of the statute of limitations.
B. Determination 1 by the Defendants are the Plaintiff’s loans or acquisition amount.