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(영문) 수원지방법원 2014.02.10 2012가단76795
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from December 14, 2013 to the date of full payment.

Reasons

1. The original judgment on the cause of claim filed a claim for the payment of the acquisition amount by asserting that C received KRW 50,00,000 from the Defendant directly, among the loan claims against the Defendant. Accordingly, the Defendant brought a lawsuit claiming the payment of the acquisition amount against the Defendant and then withdrawn, and accordingly, the transfer of the claim against the Defendant to the Plaintiff by C constitutes a lawsuit trust with the intent of the Plaintiff to conduct procedural acts. However, the Defendant’s assertion that the transfer of the claim against the Defendant constitutes unlawful as it constitutes a lawsuit trust with the intent of the Plaintiff. However, it is difficult to deem that the Plaintiff’s initial lawsuit was conducted, and there is no other evidence to acknowledge it differently. On the other hand, in the course of investigation, the Plaintiff’s claim against the Defendant was merely KRW 80,00,000, not KRW 648,458,230, and thus, the Plaintiff’s original acquisition amount claims were transferred from E, the senior transferee, and the Defendant did not have any defense against the Defendant.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 13-1, 2, 7, and 12, C loaned KRW 648,458,230 to the Defendant during the period from February 24, 2009 to June 30, 2009; and C transferred KRW 420,000,000 out of the above loan claims against the Defendant to E on September 23, 2011; and notified the Defendant of the said assignment of claims around May 21, 2012; E re-transfer of KRW 50,00,000 out of the above loan claims against the Defendant to the Defendant on October 25, 2013; and it is recognized that C notified the Defendant of the said assignment of claims around October 29, 2013.

According to the above facts, the defendant's acquisition amount of KRW 50,000,000 and the plaintiff who is the transferee.

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