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(영문) 수원지방법원 2015.12.10 2014나48351
양수금
Text

1. The plaintiff's appeal is dismissed.

2. Of the instant lawsuit, the part of the Plaintiff’s conjunctive claim added at the trial.

Reasons

1. Judgment on the main claim

A. On January 201, 201, Plaintiff C requested the Defendant to lend business operation funds, and lent KRW 32 million to the Defendant each on January 5, 201, and KRW 15 million on February 7, 2011. On September 12, 2013, Plaintiff C transferred the said loan claim against the Defendant to the Plaintiff (hereinafter “instant transfer of claim”).

A) Around that time, the Defendant notified the Defendant of the assignment of the above claim. Accordingly, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 47 million and its delay damages. (2) Defendant A) to jointly operate businesses, such as the development and sale of cosmetics, and Defendant D (hereinafter “D”).

(B) The transfer of a loan claim to the Plaintiff by C is a voluntary lawsuit trust conducted solely for the purpose of filing the instant lawsuit, and the transfer of the claim is null and void, since it is a voluntary lawsuit trust conducted by C for the purpose of filing the instant lawsuit.

B. Determination 1) According to C’s written evidence Nos. 9, 16, and 21 as well as the written evidence No. 4 and image of the loan claim against the Defendant, it is acknowledged that C sent text messages to the Defendant that “I would request the Defendant to process the money deposited in BC passbook as soon as possible,” on or around August 19, 2013. However, it is insufficient to conclude that C lent KRW 47 million to the Defendant solely on the basis of the written evidence No. 9, 16, and 21, the testimony of the witness of the first instance trial, the testimony of the witness of the Defendant first instance trial, and the result of the Defendant’s personal examination, and there is no other evidence to acknowledge otherwise. Rather, C’s testimony and evidence No. 203, 234, 281, 38, 201, 31, 201, 203, 203, 31, 2013.

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