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(영문) 전주지방법원 2020.12.04 2019가단11199
양수금
Text

1. The defendant's KRW 48,00,000 and its amount shall be 5% per annum from June 10, 2020 to December 4, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 8, 2016, the Defendant borrowed a promissory note of KRW 99 million (hereinafter “instant promissory note”) issued by “Agricultural Company D” (hereinafter “D”), and deposited KRW 50 million by April 25, 2016, and repaid KRW 49 million by August 8, 2016.

B. D deposited KRW 99 million into an enterprise bank as a security for reporting an accident with respect to the issuance of the Promissory Notes in this case, and the Defendant paid KRW 17 million to C on April 25, 2016.

C. After that, C filed a complaint with the purport that, although the Defendant did not have the intent or ability to repay the borrowed amount equivalent to the instant Promissory Notes, C acquired money equivalent to the said Promissory Notes by means of not repaying the remainder of KRW 82 million calculated by subtracting the repayment amount of KRW 17 million. D.

On September 26, 2017, the Defendant and C agreed to pay the amount of KRW 7 million out of KRW 57 million to C by October 20, 2017, and the remaining amount to be paid after receiving the payment on the site of the construction site of the KUG (hereinafter “instant agreement”).

E. On October 19, 2017, the Defendant paid KRW 7 million to C.

F. On the other hand, on February 25, 2019, C transferred the claim for the instant agreed amount to the Plaintiff (hereinafter “transfer of claim”), and notified the Defendant of the transfer of claim, and the Defendant received the above notification on February 26, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 5 and 21, and the purport of the whole pleadings

2. The defendant asserts that the defendant's claim on the defendant's lawsuit trust is null and void because the assignment of claim of this case constitutes a litigation trust for debt collection purposes.

Where the assignment of claims, etc. is primarily performed to have the litigation conducted, the assignment of claims shall be made.

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