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(영문) 수원지방법원 2021.02.04 2020가단551918
대여금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person operating a business with the trade name “E” (the Plaintiff’s business registration is under the name of F, the Plaintiff’s spouse); Defendant B is a substantial representative of Defendant D Co., Ltd. (hereinafter “Defendant Company”); Defendant B and C are married couple.

B. Defendant C is the owner of the vehicle forkivers listed in the separate sheet (hereinafter “the instant vehicle”).

(c)

The Plaintiff entered into a contract for the transfer of the claim under F’s name with the Defendant Company as follows (hereinafter “transfer of the claim”). The transferee (creditor) E’s representative director, F&C, Defendant G Co., Ltd., Ltd., (hereinafter “G”), the representative director, H representative director, and the transferee, as follows:

The transferor has the following claims against the third obligor:

In full (89,815,00 won and interest and demand procedure expenses in proportion to the rate of 15% per annum from March 24, 2016 to the date of full payment) due to an order to pay 1077 transport expense claims (6,400 won and interest and demand procedure expenses in proportion to the rate of 15% per annum from March 24, 2016 to the date of full payment) to the transferor and the third debt debtor debtor debtor's 2016th court

2. The transferor confirms that there is no ground for the third party to the claim under paragraph 1 against the transferor.

3. The transferor shall transfer to the transferee the claims as referred to in paragraph 1 above, and the transferee shall take over them.

4. The transferor shall notify the garnishee of the transfer of his claim with a certificate on a fixed date, such as supporting mail of contents, at the same time as this contract is concluded; and

5. No transferor may commit any act interfering with the transferee’s exercise of rights until the transfer takes effect (the arrival of the notification) under the foregoing paragraph 4.

(d)

The Plaintiff, under F’s name, remitted KRW 0,000,000 to Defendant B on March 9, 2018, and KRW 10,000,000 on March 26, 2018.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the plaintiff raised this case in F's name according to the defendants' proposal.

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