손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
O's purport.
1. On June 29, 2016, the Plaintiff filed a lawsuit claiming for the return of the right to lease and the transfer price, etc. (2014Gahap498) with E from Suwon District Court. On October 8, 2013, the court rendered a judgment that “the Plaintiff shall pay to E 58,483,402 won and damages for delay at the rate of 15% per annum from the following day to June 29, 2016 for KRW 50 million” (1,696,902 from October 9, 2013; 6,786,50 won from April 4, 2014 to June 29, 2016; and damages for delay at the rate of 15% per annum from the next day to the date of complete payment”
(2) On June 28, 2016, E transferred KRW 50 million out of the principal and interest of the above judgment to Nonparty D on July 23, 2016. On June 29, 2016, the Plaintiff was notified by mail verifying the contents of the claim.
(3) On July 21, 2016, Nonparty C, the creditor of Nonparty C, based on the executory exemplification of a notarial deed received from Party E (No. 116, 2013), was issued a collection order for the seizure and collection of the claim amounting to KRW 100 million, and the Plaintiff was served on July 22, 2016.
(4) On July 22, 2016, the Defendant issued a legal counseling with respect to C’s application for the above order of seizure and collection, and stated that “The content certification of the assignment of claims to the effect that C is well aware of the law, and that E is transferred to D with the claim owned by the party, is not legally effective, and C’s written decision of the order of seizure and collection is legally effective.” Accordingly, the Defendant stated that “The obligation to pay KRW 50 million to D is extinguished,” which is the obligation to pay to D.
F B (5) On July 22, 2016, the Plaintiff agreed to pay the collection amount of KRW 40 million with C according to the seizure and collection order, and to be exempt from the remainder. The Plaintiff is KRW 40 million to C.