양수금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 3, 2016, D Co., Ltd. (hereinafter “D”) filed a petition for adjudication of bankruptcy with the Seoul Rehabilitation Court 2016Hahap100147, and was declared bankrupt on July 19, 2016, and the attorney E was appointed as a trustee in bankruptcy.
B. On May 12, 2017, D’s bankruptcy trustee transferred D’s claim for the purchase price of KRW 32,495,00 to the Plaintiff, and obtained permission from the Seoul Rehabilitation Court Division on May 17, 2017.
Upon delegation of the notice of assignment of claims, the Plaintiff notified the Defendant of the assignment of claims on May 29, 2017, and the Defendant received the notice of assignment of claims on May 30, 2017.
(hereinafter referred to as the "transfer contract of this case").
2. The plaintiff's assertion and judgment
A. The Plaintiff’s alleged claim is KRW 37,309,993 (based on the issuance date of tax invoices, KRW 3,445,00 on October 31, 2013, KRW 5,00 on December 30, 2013, KRW 5,04, KRW 93, KRW 6,95,00 on December 31, 2013, KRW 305,00 on December 31, 2013, KRW 6,95,00 on January 31, 205, KRW 30,04, KRW 93, KRW 05,00 on January 31, 2014, KRW 420, KRW 420 on February 28, 2014, KRW 305, KRW 420 on March 31, 2014, KRW 304 on June 4, 2014, KRW 305;
Therefore, the defendant is obligated to pay KRW 32,495,00 to the plaintiff who acquired the above claim.
B. (1) Determination (1) As alleged by the Plaintiff, as to whether the claim subject to the transfer of this case occurred between D and the Defendant from October 2013 to July 2014 between D and the Defendant, a health account is limited to KRW 32,495,00 in the assignment of claims (Evidence A). The assignment of claims is merely limited to KRW 32,495,00 in the assignment of claims against the Defendant, and the time when the occurrence occurred is not specifically specified. (2) The amount of the goods for which the Plaintiff claims are asserted shall be KRW 37,309,93 in total.