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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. On January 31, 201, Nonparty C remitted KRW 19,220,00 to the Defendant.
B. The Defendant remitted to C totaling KRW 13,200,000 over 30 times from July 201 to June 2015, and paid KRW 10,000,000 around November 2015.
C. On June 26, 2017, the Plaintiff and C entered into a contract to acquire a loan claim amounting to KRW 10,000,000 against the Defendant (hereinafter “instant contract to transfer the claim”), and C notified the Defendant on June 27, 2017.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 6, 8, Eul 4 and 5, each entry and the purport of the whole pleadings
2. On January 31, 201, the Plaintiff’s assertion C determined KRW 20,00,000 to the Defendant at an interest rate of 1.3% per month (the amount transferred to the actual system is KRW 19,220,000 after deducting the interest on the three-month period) and increased the interest rate from May 201 to 1.5% per month.
Around that time, while the Defendant paid interest on the above loan to C, on November 2015, the Defendant repaid KRW 10,000,000, which is a part of the principal, and the remainder of KRW 10,000,000,000, which was not repaid. However, on June 26, 2017, the Plaintiff acquired the remainder of the loan claim against the Defendant from C as 10,000,000.
The Plaintiff, a transferee of the above claim, sought payment of the above KRW 10,000,000 and damages for delay from the Defendant.
3. Determination as to the defendant's defense prior to the merits
A. The Defendant’s assertion filed a lawsuit against the Plaintiff for the claim for the settlement of accounts and received a judgment in favor of the Plaintiff, and immediately thereafter, the Plaintiff acquired the remaining loan claims against the Defendant from a non-interest C around June 2017. The assignment of claims constitutes a litigation trust with the main focus of litigation, and thus, the instant lawsuit ought to be dismissed.
B. Where the assignment of claims, etc. primarily takes place with the aim of enabling the relevant legal acts, the assignment of claims does not constitute a trust under the Trust Act.