beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion C (hereinafter “C”) held against the Defendant a claim for construction cost of KRW 7.6 million (hereinafter “instant claim”) and the Plaintiff transferred the said claim from C pursuant to an agreement between the Defendant and C and the third party on the assignment of claims.
(hereinafter “instant assignment of claim”). Accordingly, the assignment of claim does not constitute the assignment of claim aimed at litigation, and the Defendant shall pay the Plaintiff the unpaid money out of the said amount of claim.
B. 1) Where the assignment of claims, etc. primarily takes place with the aim of enabling the instant legal doctrine to proceed with procedural acts, Article 7 of the Trust Act shall be applied mutatis mutandis even if the assignment of claims does not fall under a trust under the Trust Act. Whether it is the principal purpose of litigation ought to be determined in light of the following circumstances: (a) the process and method of concluding the assignment of claims; (b) the time interval between the transfer contract and the filing of the lawsuit; and (c) the relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decisions 2006Da463, Jun. 27, 2006; 2012Da8628, Sept. 12, 2013); and (d) the determination of the assignment of claims in this case is based on the evidence No. 1; and (e) the fact that C, the Defendant, and D (E) prepared a “written rejection of the construction contract” as to the instant claims on April 21, 2016.
However, in full view of the following circumstances recognized by the evidence and the purport of the entire pleadings submitted by the Plaintiff, it is judged that the assignment of claims in this case is the main purpose of allowing litigation.
Therefore, the Plaintiff’s claim based on the premise that the claim of this case was transferred according to the legitimate assignment of claims cannot be accepted.
① The Plaintiff is a “Plaintiff”, C, and C in the petition of appeal.