(영문) 인천지방법원 2018.04.27 2017가단2655

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(영문) 인천지방법원 2018.04.27 2017가단2655

부당이득금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against the non-party social welfare foundation B (hereinafter the non-party corporation) with the Suwon District Court 2007Gahap144555, and on March 18, 2008 in the course of the lawsuit, a settlement was established in the lawsuit that "if the non-party corporation did not pay the above money by the payment date, the non-party corporation shall pay 100,000,000 won to the plaintiff by May 20, 2008. If the non-party corporation did not pay the above money by the payment date, a settlement was made in the lawsuit that "the non-party corporation shall pay the unpaid amount by adding 20% per annum from

B. On March 9, 2009, the Plaintiff: (a) transferred to the Defendant the claim for loans of KRW 100,000,000 and damages for delay, based on the Suwon District Court Decision 2007Gahap14555, which the Plaintiff holds against the non-party corporation (hereinafter “claim of this case”); and (b) drafted a receipt that received KRW 70,000,000 as the payment for the assignment of claims on the same day.

C. On July 27, 2009, the Plaintiff notified the non-party corporation of the above assignment of claims as content certification.

On the other hand, around August 2012, the Defendant transferred the instant claim to Nonparty C, and notified Nonparty corporation of the fact of transferring the claim in writing with a fixed date on August 21, 2012.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion 10 million won in cash was paid to the plaintiff in return for taking over the claim of this case 100 million won, and the remaining 30 million won was issued.

However, the Defendant did not perform this, and the Plaintiff notified the Defendant of the performance of the obligation on April 7, 2014, and notified the termination of the contract on April 10, 2014.

Therefore, the instant contract for assignment of claims was rescinded as of April 10, 2014. If the termination of the said contract is not recognized, the Defendant shall receive donations from the Plaintiff.

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