양수금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
On October 17, 2013, the Plaintiff and D entered into an agreement on the assignment of claims that recognized the obligation to pay the transferred amount, and D entered into an agreement on the assignment of claims with the effect that D transferred to the Plaintiff the claim of KRW 549,000,000 based on the cash custody certificate in the name of the Defendant on May 16, 2013 (hereinafter “instant claim”), and D agreed that D would provide the Defendant with the content certification of the assignment of claims.
On November 5, 2014, the Plaintiff filed a lawsuit seeking notification of the assignment of claims against D (Seoul Southern District Court 2014Gahap11574).
On April 30, 2015, the Seoul Southern District Court rendered a judgment that “D shall notify the Defendant that it transferred the instant claim to the Plaintiff on October 17, 2013.”
The above judgment became final and conclusive around that time.
On May 19, 2015, the Plaintiff sent a content-certified mail to the Defendant accompanied by the above written judgment to notify the transfer of the instant claim.
On May 21, 2015, the defendant received the above content-certified mail.
[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 8, and 9, and the facts of recognition as to the purport of the whole pleadings, the defendant is obligated to pay 549,00,000 won to the plaintiff, the transferee of the claim of this case, and delay damages therefor, unless there are special circumstances.
The defendant's assertion that the obligation to pay the acquisition amount due to the offset defense has ceased to exist shall offset the claim of this case that the plaintiff acquired by using the claim equivalent to KRW 1,062,690,070 against D as the automatic claim.
Therefore, since the claim of this case was extinguished, the defendant's obligation to take over the plaintiff does not remain any longer.
Judgment
Facts of recognition
Comprehensively taking account of the respective descriptions of evidence Nos. 4, 6, 7, and 8 and the overall purport of the pleadings in witness D’s testimony, Defendant and D have made monetary transactions as shown in the attached monetary transaction statement from April 30, 2013 to April 30, 2014.