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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After filing an appeal.
Reasons
1. Basic facts
A. On August 20, 2012, the Defendant joined D Co., Ltd. (hereinafter “D”) and participated in the establishment of D Algeria (P.E.) with the Plaintiff’s aid.
B. On September 24, 2012, the Defendant signed and sealed the loan certificate stating that “The Defendant shall deposit the Plaintiff’s account by October 5, 2012 (hereinafter “the loan certificate of this case”) with the Plaintiff’s representative Algerian Corporation C (hereinafter “NE”) and deliver it to the Nonparty Algerian Corporation with D’s funds for establishing the office P.E., the Defendant borrowed the 3,500,000 Algerian Corporation from the Nonparty Algerian Corporation, and the Defendant shall deposit the Plaintiff’s account by October 5, 2012.”
C. Around June 2015, the Plaintiff received a claim based on the instant loan certificate from a non-party Algerri Corporation and notified the Defendant of the transfer of the claim at that time.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. In a case where the assignment of claims, etc. is primarily carried out with respect to the litigation trust defense, even if the assignment of claims does not constitute a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, so it shall be deemed null and void. Whether the main purpose is to allow litigation is to be determined in light of all the circumstances, including the details and methods of concluding the assignment of claims, the interval between the transfer contract and the filing of the lawsuit, and the relationship between the transferor
(See Supreme Court Decision 200Da4210 delivered on December 6, 2002, etc.). Under the following circumstances, each of the statements and arguments as stated in Nos. 1, 6, and 7 and the purport of the whole pleadings, the loan certificate in this case is indicated as the repayment account. The loan certificate in this case is indicated as the Plaintiff’s personal account, and the Plaintiff is entitled to receive the dividend, etc. from the Non-Party Alri corporation as the shareholder of the Non-Party Alri corporation.