추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. The plaintiff.
1. The reasoning of the court's explanation concerning this case is that "the date of pronouncement of the judgment of the court of first instance" in Section 7 of the judgment of the court of first instance is "the date of pronouncement of the judgment of the court of first instance", and the following additional judgments are stated in the reasoning of the judgment of the court of first instance, except for addition of the following additional decisions after Section 7 of the judgment of the court of first instance, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The Defendant asserts that, inasmuch as the instant sales agreement, which is the basic legal relationship, which serves as the cause of the claim for the purchase price upon which the claim was issued, was rescinded by the termination contract between the Defendant and E on March 18, 2015, the said claim for the purchase price was extinguished.
As to this, the Plaintiff asserts that the agreement rescission agreement between the Defendant and E on March 18, 2015 is aimed at extinguishing the seized sales price claim without any reasonable reason, and that the Defendant cannot oppose the Plaintiff by the said agreement rescission agreement.
B. Where a seizure on one claim is carried out, even if the debtor disposes of the seized claim, it cannot be set up against the creditor even if the debtor disposes of it, and the third debtor cannot set up against the creditor, and such act cannot be set up against the creditor. However, the seizure is not binding on the debtor in respect of the contractual relationship, which is the cause of the seizure claim, or the third debtor's disposition. Thus, even if the seizure is made after the seizure on the claim, the debtor or the third debtor may set up against the execution creditor on the ground that the legal relationship, which is the cause of the claim, is rescinded and the seizure claim is extinguished. However, the debtor and the third debtor may set up against the execution creditor on the ground that the contract relationship is terminated only with the purpose of extinguishing the claim