양수금
1. The Defendant’s KRW 49,300,000 as well as the Plaintiff’s annual rate from September 17, 2018 to September 27, 2018, and the following.
1. Basic facts
A. A limited liability company C (hereinafter “C”) had a claim for the amount of KRW 69,300,000 against the Defendant.
B. On July 27, 2018, C entered into a contract to transfer the above claim to Nonparty D, and the Defendant paid KRW 20,000,000 to D with the consent of C.
C. On the other hand, on September 1, 2018, C transferred to the Plaintiff the claim amounting to KRW 49,300,000 (hereinafter “instant claim”). On the same day, C notified the Defendant of the transfer of the instant claim, and the Defendant’s employee received the said notification on September 4, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 49,300,000 won of the claim amount of this case and damages for delay calculated by the rate of 5% per annum under the Civil Act from September 17, 2018 to September 27, 2018, which is the service date of the original copy of the payment order of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Judgment on the defendant's assertion
A. The Defendant asserts that, as C transferred the instant claim to D on July 27, 2018, the Defendant, the obligor, consented, the assignment contract between the Plaintiff and C is null and void.
B. In order to oppose a third party other than the obligor in the transfer of nominative claim, notice or consent is required by a certificate with a certified fixed date (Article 450(2) of the Civil Act). The order between the assignee in the case where a claim has been transferred twice shall be determined by the date of receipt of the notice of transfer with a certified fixed date or after the date of acceptance with a certified fixed date with a certified fixed date (see, e.g., Supreme Court en banc Decision 93Da2423, Apr. 26, 1994). As seen earlier, the defendant's consent to the assignment of claim between C