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(영문) 인천지방법원 2016.06.16 2015나54172
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment of the court of first instance to the judgment of the defendant as to this case, since the reasoning of the judgment of the court of first instance is the same as that of the part against the defendant among the grounds of the judgment of the court of first instance, it shall be cited in accordance with the

2. The portion to be determined additionally

A. 1) Although the assertion E is a party-qualified creditor, the Plaintiff acquired a loan claim from E’s wife H without any title, and thus, there is no party-qualified creditor. 2) In the performance lawsuit, the Plaintiff’s standing in the lawsuit for performance is a person who asserts that the right to demand performance, which is a subject matter of lawsuit, exists, and whether the right to demand performance exists or not (see Supreme Court Decision 2012Da20529, Aug. 22, 2013). (B) The Plaintiff asserted that he/she received a loan claim against the Defendant and filed the lawsuit in this case, the party-qualified creditor is the Plaintiff, and therefore, the Plaintiff’s standing is not reasonable.

B. The Plaintiff asserted that the lawsuit trust 1) is a certified judicial scrivener office’s employee who received a loan claim from H or E mainly for the purpose of litigation. Thus, the instant lawsuit constitutes a litigation trust and is unlawful. 2) There is no evidence to acknowledge that the Plaintiff received a loan claim mainly for the purpose of determining that the lawsuit was conducted by the Plaintiff. Therefore, the said

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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