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(영문) 수원지방법원 2019.05.30 2018가단550325
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Bain ex officio.

In a case where the assignment of claims primarily takes place for the purpose of litigation, even if the assignment of claims does not constitute a trust under the Trust Act, Article 7 of the Trust Act is applied mutatis mutandis, and thus, is null and void. Whether it is the primary purpose of litigation shall be determined in light of all the circumstances, including the details and methods of concluding the assignment of claims contract, interval between the transfer contract and the filing of the lawsuit, and the status relationship between

(see, e.g., Supreme Court Decisions 2000Da4210, Dec. 6, 2002; 2012Da23412, Mar. 27, 2014). The gist of the Plaintiff’s assertion is as indicated in the grounds for the claim in the annexed sheet.

There is no separate statement between the Plaintiff and C on the assignment of claims and there is no evidence to prove the cause of the assignment of claims.

As a result of C’s fraud, the Plaintiff transferred the entire loan claims to the Plaintiff on the ground that C is older than 90 years old and is not healthy, and thus, it cannot directly request the Defendant to repay the loan, thereby exercising its rights instead of the Plaintiff.

This is a typical litigation trust, because the assignment of claims is made by the plaintiff, who is the fraud of C, to proceed to litigation instead of C.

Such a lawsuit trust is not allowed.

The plaintiff's lawsuit of this case is unlawful.

shall be dismissed.

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