(영문) 서울중앙지방법원 2016.05.26 2015가단5247120

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(영문) 서울중앙지방법원 2016.05.26 2015가단5247120

대여금

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1. The Defendants are jointly and severally liable to the Plaintiff for 23,490,000 won and each year from March 11, 2016 to May 26, 2016.

Reasons

1. Claim against the defendant B

A. On April 3, 2015, the Plaintiff and Defendant B are obligated to pay 25 million won, excluding KRW 1,000,000,00,000,000,000,000,000,000,000,000,000 in advance paid by the Defendants to D Farming Cooperatives jointly operated by the Defendants, as well as 26,000,000,000,000,000,000,000,000,000,000,000,000,000

B. As to Defendant B’s assertion, Defendant B’s assertion of reimbursement following the assignment of assignment of claims (1) transferred to the Plaintiff the amount of KRW 9,656,700 to the Plaintiff, Defendant B asserted that KRW 7,242,525 out of the amount of credit transferred according to the existing transaction practices had ceased to exist.

However, barring special circumstances, it is presumed that a debtor transfers other claims to a creditor in relation to the repayment of obligation by means of a security for the repayment of obligation or a method of repayment, and it does not mean that the transfer of obligation is substituted for the repayment of obligation. In such case, the original claim cannot be deemed extinguished if the assignment of obligation is transferred, and the debtor is exempted from liability only when the creditor receives the repayment of the assigned claim (see, e.g., Supreme Court Decision 2012Da4098, May 9, 2013). The evidence submitted by the defendant B alone is insufficient to acknowledge that the debtor transferred the claim to the Plaintiff in lieu of the repayment of obligation, and there is no other evidence to acknowledge this, and it is difficult to accept the allegation in this part.

(2) The fact that Defendant B received KRW 3,020,00 through the collection of claims with respect to the claim that was transferred by Defendant B to the Plaintiff by the collection of claims does not have any particular dispute between the above parties, and the purport of the entire pleadings is stated in the evidence No. 1.

참조판례

-대법원 2013. 5. 9. 선고 2012다40998 판결

유사 판례

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