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(영문) 수원지방법원안산지원 2015.02.11 2014가단6992
양수금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from April 2, 2014 to the date of complete payment.

Reasons

1. The defendant's judgment on the ground of this safety claim is mainly based on the plaintiff's transfer of the claim to the defendant by the plaintiff to the plaintiff while the plaintiff did not have any actual claim to C, and the above transfer of claim to the defendant is null and void in accordance with Article 7 of the Trust Act by analogy. As such, the plaintiff's lawsuit of this case is unlawful. Thus, there is no evidence to acknowledge that the contract between the plaintiff and C was concluded mainly for the litigation of this case. Rather, considering the whole purport of argument as to the statement in subparagraphs 4 and 6 (including the paper numbers), it can be acknowledged that the plaintiff lent a total amount of KRW 2.9 million to C from the end of 2008 to March 201, and the plaintiff had a loan claim to the amount of KRW 2.4.9 million. According to the above recognition, according to the above recognition, it is difficult to view that the plaintiff's claim against the defendant was transferred to the defendant by the plaintiff as the plaintiff's transfer of the claim to C because it did not exist.

2. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3, the defendant prepared and sent a letter of payment with the purport that the defendant shall pay KRW 4 million borrowed by D to C by October 30, 2013 (hereinafter "the letter of payment in this case"), and the plaintiff entered into an agreement with C on October 8, 2012 with C to transfer the claim amounting to KRW 4 million to the defendant under the letter of payment in this case, and on October 28, 2013, the plaintiff sent the letter of claim assignment to the defendant with the content-certified mail stating the purport of the assignment of the claim, and the above content-certified mail reaches the defendant on October 29, 2013. According to the above recognition, the plaintiff is acknowledged as the above facts.

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