(영문) 광주지방법원목포지원 2020.08.12 2019가단53908

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(영문) 광주지방법원목포지원 2020.08.12 2019가단53908

대여금

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1. The Defendants jointly pay to the Plaintiff KRW 75,00,000 and the interest rate thereon from July 26, 2019 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff owned a loan claim of KRW 100 million against Defendant B (hereinafter “instant loan”).

B. On July 17, 2018, the Plaintiff entered into a contract with Defendant B to “as a payment method for the instant loan obligations against the Plaintiff, the Gwangju District Court 2017Kadan20659 regarding Defendant B’s claim amounting to KRW 100 million (hereinafter “instant claim claim”) out of the judgment amount under the instant case,” and the Defendant C consented to the transfer of the instant claim amount on the same day.

C. The Plaintiff received reimbursement of KRW 25 million out of the judgment bond of this case from Defendant C.

[Ground of recognition] The fact that there is no dispute, Eul's statement of No. 1, and the purport of whole pleading

2. Determination

A. As to whether the transfer of the judgment bond of this case was substituted for the repayment of the loan bond of this case, Defendant B agreed to transfer the judgment bond of this case to the Plaintiff through the transfer contract of this case and not to hold the Plaintiff accountable for civil and criminal liability for the loan of this case, Defendant B did not bear the loan obligation of this case any more against the Plaintiff.

It is not reasonable to presume that a debtor transfers another claim to a creditor in relation to the repayment of obligation by means of a security for repayment of obligation or a repayment, barring special circumstances, barring any special circumstance. Thus, in such case, it cannot be deemed that the original claim is extinguished if the assignment of obligation is transferred, and only when the creditor receives the repayment of the claim, the debtor is exempted from liability within the extent of the transfer.

In addition, the obligor is liable to assert and prove the existing obligation with respect to the repayment of the transferred claim.

Supreme Court Decision 2012Da40998 Decided May 9, 2013 and Supreme Court Decision 95Da16660 Decided December 22, 1995, etc.

유사 판례

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-대구지방법원 2017.09.19 2017가단14113

-서울남부지방법원 2018.05.03 2017나4015