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(영문) 서울북부지방법원 2015.04.29 2014가단44588
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. C was discharged from office on March 15, 2004 while serving as the representative of the defendant's church since 1986.

B. The amount of KRW 30 million on November 21, 2005 was deposited respectively in the bank account in the name of C, in the name of D, and KRW 22.40 million on November 21, 2005.

C. On October 6, 2014, C entered into a contract on the assignment of claims with the purport of transferring a claim equivalent to KRW 70 million to the Defendant (hereinafter “instant contract on the assignment of claims”). Around that time, C notified the Defendant of the said assignment of claims.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 2-2-5 and 7 in the evidence, the purport of whole pleading

2. The assertion and judgment

A. On November 22, 2005, the plaintiff's argument C borrowed KRW 70 million from E from November 22, 2005, which had been the head of the defendant church, and lent the above money to the defendant church through F, which had the head of the finance division of the defendant church, and the above F used the above KRW 70 million as the church operation fund.

The Plaintiff had a claim amounting to KRW 37,50,000 of the overdue wages that C had not received while serving as the head of the office of the Bocheon church Bridge, but transferred the above loan claim that C had held at the Defendant church to the Plaintiff in order to repay the above wage obligation, and notified the Defendant church thereof.

Therefore, the defendant is obligated to pay to the plaintiff the above amount of KRW 70 million and damages for delay.

B. First of all, the defendant asserts that the assignment of the claim in this case is unlawful since C transferred the claim mainly to the plaintiff with the view to the trust of lawsuit.

Next, the defendant asserts that C did not borrow the above KRW 70 million from C, and that the above money was not used for the defendant church.

C. (1) In a case where the assignment of claims, etc. primarily takes place for the determination of this safety defense, the assignment of claims does not constitute a trust under the Trust Act.

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