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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.
The defendant shall make the plaintiff 50,000.
Reasons
1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 7, 2018 to the day of full payment, since the Plaintiff loaned KRW 50 million to the Defendant on October 30, 2018, with interest rate of KRW 100,000 per month and due date of repayment as of October 30, 2018.
2. Judgment on the defendant's assertion
A. 1) As the Plaintiff transferred the above loan claims to C and D, the Defendant cannot respond to the Plaintiff’s claim. 2) Since the assignment of the claim by the Plaintiff is null and void by the deed of trust aimed at litigation, the Defendant is obliged to pay the loan to the Plaintiff.
B. According to the evidence evidence Nos. 1 and 2, the Plaintiff’s claim against KRW 25 million out of the above loan around October 11, 2017 was transferred to C, and the remainder of KRW 25 million was transferred to D, respectively, and the Plaintiff notified the Defendant of the assignment of the above loan on October 11, 2017, and the notification was delivered to the Defendant on October 12, 2017. Thus, the above loan claim was transferred to C and D, barring any special circumstance.
On the other hand, comprehensively taking account of the purport of the entire arguments in the statement Nos. 3 and 4, C and D filed a lawsuit against the defendant as the Jeonju District Court 2018Kadan567, and the defendant asserted that the above assignment of claims was a trust of a lawsuit. C, D and C have withdrawn the above lawsuit, C, D and the defendant are both the plaintiff's children, and even in the lawsuit of this case, the defendant asserted that "C and D acquire the claim for a civil lawsuit for the sole purpose of the civil lawsuit regardless of the plaintiff's obligations, and brought the lawsuit against the defendant who is the same claimant or the defendant."