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(영문) 서울고등법원 2017.04.12 2016나2050403
채무부존재확인 등
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2.(a)

November 1, 2014 between D and the Defendant.

Reasons

1. Basic facts

A. On December 11, 2014, D’s assignment of claims, transferred the following claims to the Defendant, and notified the Plaintiff on the same day.

[Transfer Claim] Loans of KRW 80,000,000 lent by D to the Plaintiff in the name of C on July 18, 2012

B. On January 22, 2015, C transferred the assignment of claims to the Defendant, and notified the Plaintiff of the assignment of claims on the same day.

[Dissenting Claim] The loan claim amounting to KRW 119,620,00,00 lent by C to the Plaintiff from April 10, 2012 to July 30, 2012 【Ground for Recognition】 Each entry in the evidence Nos. 4 and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff had transacted with D in a way that he/she was refunded money to the Plaintiff. However, as D with bad credit standing, D used the above transaction with D, F, and E’s account. If the Plaintiff settled the money remitted to F, C, and E, and F, C, and E, the Plaintiff is required to return KRW 57,80,000 from D, and the Plaintiff did not borrow money as stated in the transfer claim under the above 1(a) from D on July 18, 2012, or borrowed money from C on April 10, 2012 to July 30, 2012 as stated in the transfer claim under the above 1(b).

Therefore, since there is no claim that the defendant acquired from D and C, there is no obligation based on each of the above claim acquisition contracts against the defendant by the plaintiff.

B. (i) Defendant D lent KRW 80 million to the Plaintiff on July 18, 2012 with the real estate business investment deposit, but since the Plaintiff was unable to promote the real estate investment business after excluding D, the Plaintiff is obligated to return KRW 80 million to D. Accordingly, D transferred the Plaintiff’s claim against the Defendant and completed the notification of transfer. Therefore, the Plaintiff’s assertion is without merit.

Shell C shall be from April 10, 2012 to July 2012.

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