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(영문) 서울중앙지방법원 2018.10.18 2018가단5117107
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff’s representative director D lent a total of KRW 113,00,000 to C from July 31, 2009 to December 17, 2009

(B) The Plaintiff’s loan claim against C is “the instant loan claim”).

Around December 15, 2009, the Plaintiff believed the Defendant’s horse that the Plaintiff would receive a loan from C on behalf of the Plaintiff and transferred the instant loan claim to the Defendant. Accordingly, the Defendant was awarded a favorable judgment on December 8, 2010 that “C shall pay to the Defendant 10 million won and the amount of money calculated at a rate of 20% per annum from December 16, 2009 to February 15, 2010, calculated by public notice after filing a loan claim lawsuit with the Suwon District Court Decision 201Da24427 on June 21, 2010.” The said judgment became final and conclusive at that time.

C. The Plaintiff filed a complaint with C on the charge of fraud, and C refuses to repay the Plaintiff’s debt on the ground that the instant loan claim was transferred to the Defendant.

The contract for the transfer and acquisition of the instant loan claims between the Plaintiff and the Defendant is null and void as a false declaration of conspiracy, and the Defendant is obliged to notify C that the above contract for the transfer and acquisition of bonds is null and void.

2. In light of the judgment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the transfer contract between the Plaintiff and the Defendant regarding the instant loan claims was concluded by a conspiracy without any cause, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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