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(영문) 청주지방법원 2015.07.16 2013가합3016
사해행위취소 등
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The Plaintiff’s Defendant C, Defendant D, Defendant E, and.

Reasons

1. Determination on the main defense of Defendant B and Defendant E

A. The gist of Defendant B and Defendant E’s assertion is as follows, asserting that the Plaintiff was assigned with promissory note gold claims, unjust enrichment return claims, and damage claims against Defendant B and Defendant E by the Plaintiff (hereinafter “G”), and that the instant lawsuit was filed. However, the assignment of claims against the Plaintiff constitutes a trust of lawsuit and becomes null and void. As such, the Plaintiff is not eligible to file the instant lawsuit.

B. 1) In a case where the assignment of claims is primarily carried out with respect to the act of litigation, Article 7 of the Trust Act shall be deemed null and void, even if the assignment of claims does not constitute a trust under the Trust Act. Whether it is the principal purpose of the act of litigation shall be determined in light of the following: (a) the process and method of concluding the assignment of claims; (b) the time interval from the transfer contract to the lawsuit; and (c) the personal relationship between the transferor and the transferee, etc.; (d) the instant case’s return to the instant case; (b) the Plaintiff’s return to the instant case; (c) the evidence Nos. 38-1, 2, 39, and 40; and (d) the overall purport of the arguments and arguments is difficult to view that the Plaintiff’s transfer of claims constitutes a waiver of the above claim for unjust enrichment of KRW 1.4 billion in face value against Defendant E; and (b) the fact that the transfer of claims for unjust enrichment of KRW 300,000,000 for Defendant C and D’s transfer of claims.

2. Determination ex officio as to the legitimacy of a lawsuit against Defendant B

A. The summary of the plaintiff's assertion is defendant E on December 2006.

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