logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.15 2015가단82724 (1)
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Where the assignment of a claim, etc. is made ex officio with regard to the legitimacy of the lawsuit in this case, with the main purpose of enabling to conduct procedural acts as to the legitimacy of the lawsuit in this case, even if the assignment of claim does not fall under a trust under the Trust Act, Article 6 of the Trust Act shall be deemed null and void by applying mutatis mutandis the provisions of the Trust Act. Whether the main purpose is to conduct procedural acts shall be determined in light of all the circumstances, such as the process and method of concluding the contract for the assignment of claim

(2) In light of the following circumstances, it is reasonable to view that the Plaintiff’s act of entering into the instant transfer contract with C and filing the instant lawsuit constitutes a litigation trust with the main purpose of performing litigation for C, taking into account the following circumstances, i.e., the Plaintiff’s business registration as the trade name of “law firm debt collection company” and its debt collection business, and the court ordered the Plaintiff, on the first date for pleading of this case, the Plaintiff to submit the data prior to the rendering of the instant judgment regarding the relationship between the Plaintiff and the assignment of claims, and the consideration for the transfer of claims, etc., on the first date for pleading of this case.

Therefore, the instant lawsuit should be dismissed as it is unlawful.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.

arrow