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1. The defendant shall pay 180,000,000 won to the plaintiff and 15% per annum from November 16, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On July 3, 2008, the Defendant issued a certificate of rent (hereinafter “the certificate of rent”) to the effect that he borrowed KRW 180,000,000 on the same day to C, his father, the father of which was the Plaintiff.
B. B. A around June 1, 2016, around June 1, 2016, transferred KRW 180,000,000 to the Plaintiff with the right to notify the assignment of claims, and the Plaintiff delegated the right to notify the assignment of claims to the Plaintiff. The Plaintiff notified the assignment of claims on September 19, 2016 to the Defendant at that time.
【In the absence of any dispute, entry of Gap evidence Nos. 1, 2, 7, and 8 and the purport of the whole voice, pleading】
2. As to the Plaintiff’s claim for KRW 180,00,000 and damages for delay based on the loan claim that the Plaintiff acquired from C before the merits, the Defendant asserted that the assignment contract between the Plaintiff and C constitutes a trust which mainly takes place for litigation, and is null and void, and that the lawsuit of this case brought on the basis of such right is unlawful.
However, it is highly probable that the Plaintiff had a monetary claim against C in light of the following: (a) the Plaintiff continued to lend the money from the Plaintiff before the instant lawsuit was filed, and (b) the Plaintiff demanded the Defendant to repay the money by asserting that C had been continuously lent the money; and (c) the agreement between the Plaintiff and C on the transfer and takeover of the claim between the Plaintiff and C states, “If the assignee is unable to pay the money to the assignee even if the transferor transferred the money to the assignee, the transferor shall repay it to the assignee; and (b) it seems clear that C has a monetary claim to a certain extent; and (c) it is obvious that C has a monetary claim for the repayment.
Thus, the plaintiff should be deemed to have a legitimate interest in receiving the assignment of claims from C, and the evidence alone presented by the defendant is the main purpose of allowing the plaintiff to conduct litigation.