A. On May 30, 2019, C Co., Ltd. (hereinafter “C”) entered into a bonds transfer contract with the Plaintiff and the Defendant to transfer KRW 74,523,275 to the Plaintiff (hereinafter “instant bonds transfer contract”).

B. On July 3, 2019, the Plaintiff was delegated with the power to notify the assignment of claims by C, and notified the Defendant of the transfer by means of content-certified mail with the fixed date, and the Defendant was served with the notice on July 8, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the acquisition amount of KRW 74,523,275 to the plaintiff as the transferee and the delay damages.

B. The Defendant’s assertion 1) The Defendant’s assertion that: (a) on July 1, 2019, C transferred the obligation to the Defendant to D; (b) on the same day, the Defendant consented to the assignment of the obligation; and (c) on August 22, 2019, the Defendant paid all the amount of KRW 74,523,275 to D; and (d) thus, the Plaintiff is not liable to pay for the payment; (b) on the transfer of nominative claim, it is necessary to give notice or consent by a certificate with a fixed date (Article 450(2) of the Civil Act) to set up a defense against any third party other than the obligor in the transfer of nominative claim (Article 450(2) of the Civil Act); (c) in the case of double assignment of obligation, only the assignee who has given notice by the certificate with a fixed date becomes the lawful obligee by the transfer of obligation; and (d) as a result, the obligor is not obligated to pay the obligation to the assignee in the assignment of obligation that is not based on the certificate with a fixed date.