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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant’s husband H operated a motor vehicle trading complex (hereinafter “instant trading complex”) under the name of a corporation (IS) registered by the Defendant as the representative in the leisure city D, and J (C before the name of the opening) operated one of 20 stores within the instant trading complex.
B. Around October 30, 2004, H borrowed KRW 100 million from E, which took place by J, and prepared and delivered to J a certificate of borrowing (Evidence 1-1-1) in the official disturbance of creditors.
C. Around November 23, 2004, the J and H, and the Defendant decided to receive the payment from each shop of the instant trade complex and repay the loan by December 30, 2004, and the Defendant again drafted the loan certificate (Evidence A-3, hereinafter “the loan certificate of this case”) with the Defendant as the Defendant, and even at this time, the creditor column was left blank.
The J delivered each of the above loans to H and the Defendant, and E transferred the loans worth KRW 100 million to the Plaintiff on August 26, 201, and notified the Defendant of the assignment of the loans around August 20, 2013, and the Plaintiff currently holds the instant loan certificate.
[Ground of recognition] The facts without dispute, Gap evidence 1-1-4, Gap evidence 2-1, 2-2, Gap evidence 3, witness J's testimony, the purport of whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion E lent KRW 100 million to the Defendant through J. The Plaintiff acquired the Plaintiff’s loan claims against the Defendant, and the Defendant is obligated to pay KRW 100 million and delay damages to the Plaintiff. 2) The Defendant’s assertion borrowed KRW 100 million from J, not E.
Even if the above money is money E, it is merely an internal situation of E and J, and the creditor of KRW 100 million borrowed by the defendant is J.
Even if E is a creditor, E shall have the ability to perform its duties due to dementia at the time of transferring the borrowed loan claim to the Plaintiff.