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(영문) 인천지방법원 2019.10.11 2018나67827
양수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant concluded the instant hospital building extension and the interior contract with F (K) around September 1, 2015, whose contract amount is KRW 5,200,800,000, as the president of the “D Hospital” located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant hospital”) and between F (K) around September 1, 2015.

(hereinafter “instant construction project”). (b)

On the other hand, on February 12, 2018, the Plaintiff entered into a contract with I on the assignment of claims for the creative and steel construction cost stated in the letter of obligation for the payment of construction cost stated in the attached Form (hereinafter “instant letter of obligation for payment”) with I (hereinafter “instant contract for assignment of claims”).

C. On February 13, 2018, I notified the Defendant of the content certification that “The obligee I transferred the claim KRW 137,353,000 to the Plaintiff on February 12, 2018,” which read, “The obligee I transferred the claim of KRW 137,353,00 to the Defendant on February 12, 2018.”

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1, the purport of the whole pleadings

2. The Defendant’s judgment on the Defendant’s principal safety defense is null and void since the assignment contract of this case mainly takes place for litigation. Thus, the Plaintiff’s lawsuit on the claim for the transfer of this case filed based on the assignment contract of this case is unlawful.

In a case where the assignment of claims, etc. primarily takes place, with the intention of making the assignment of claims, it shall be null and void because Article 7 of the Trust Act applies 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 this case shall be determined in light of all the circumstances, including the course and method of concluding the assignment of claims, the interval between the transfer contract and the filing of the lawsuit, and the personal relationship between the transferor and the transferee (see, e.g., Supreme Court Decision 2000Da4210, Dec. 6, 2002). The evidence submitted in this case alone.

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