(영문) 서울동부지방법원 2015.12.01 2014가단57762

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(영문) 서울동부지방법원 2015.12.01 2014가단57762

양수금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 20, 2009, the Defendant signed a monetary loan agreement with “C, the obligor, the Defendant, the amount of the loan KRW 100 million, the date of the loan, November 20, 2009, the due date of payment shall be November 20, 2009, and the interest shall be 5% per annum.”

B. C around November 13, 2014, the Plaintiff and the Plaintiff as above.

The loan claim against the defendant under this subsection was transferred, and C on the same day C notified the defendant of the transfer of the above claim.

[Grounds for Recognition: entry in the evidence of subparagraphs 1 through 3, the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion that: (a) C received KRW 100,000,00,000 which C had against the Defendant; and (b) C notified the Defendant of the transfer of the above claim; (c) the Defendant is obligated to pay to the Plaintiff, the assignee of the instant loan claim, the interest rate of KRW 100,000 per month from December 5, 201 to the delivery date of a duplicate of the complaint in this case; (d) KRW 420,00 per annum from the next day to the date of full payment; and (e) KRW 15,00,000 per annum under the Act on Special Cases Concerning

B. (1) The defendant's assertion (1) The defendant's father who is the defendant's father is inappropriate to bring a lawsuit against the defendant who is son, and the defendant took the form of transferring the loan claim of this case to the plaintiff to avoid this. As such, the plaintiff is merely a transfer of the claim of this case for the purpose of litigation on behalf of the defendant's father, so the transfer of the claim of this case is null and void, and therefore the defendant is not liable

(2) Even if not, C, around November 4, 2009, gave 100 million won for the Defendant to prepare D apartment 411 Dong 1403, Sung-nam-si, Sung-nam-si, Sung-nam-si, and in that process, C would be at issue to pay for taxes later, and it would be at issue that C would borrow KRW 100 million, and the Defendant has signed the loan contract only formally.

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