전부금
The defendant shall pay 37,68,200 won and interest thereon at the rate of 15% per annum from August 30, 2016 to the date of full payment.
Facts of recognition
On December 1, 2014, Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) entered into three supply contracts with the Defendant, respectively, by multiple files of KRW 82,00,000 per unit of transaction (hereinafter “Nonindicted Company”) on December 1, 2015, and KRW 82,00,000 per unit of transaction on December 1, 2015.
On June 13, 2016, Nonparty Company notified the Defendant of the assignment of the claim amounting to KRW 37,422,000 against its Defendant to the Plaintiff (mutually: D) and drafted an authentic deed of debt repayment (quasi-loan) agreement to pay KRW 37,42,00 to the Plaintiff on June 15, 2016.
(hereinafter referred to as the “notarial deed of this case.” Based on the instant notarial deed, the Plaintiff: (a) obtained an order to seize and seize a claim against the Defendant of the non-party company (hereinafter “instant seized claim”) from the Changwon District Court 2016 other 5381, and the said order reached the Defendant on June 29, 2016, with respect to KRW 37,68,200, out of the supply price claim against the Defendant of the non-party company (246,200, the execution cost of KRW 37,422,000).
(hereinafter “instant assignment order”). On the other hand, on June 16, 2016, Nonparty Company prepared a written waiver of the instant contract to the effect that it would waive the instant contract, since it could not deliver it to the Defendant under internal circumstances.
(hereinafter “instant waiver note”). On July 4, 2016, the Defendant expressed to the Nonparty Company an intention to offset the Defendant’s debt KRW 44,847,00 (the remainder of the contract KRW 37,422,000) against the Defendant’s remainder of the contract KRW 2,425,00 (the remainder of the contract KRW 37,42,00) by the damage claim arising from the waiver of the contract.
(hereinafter “instant offset”). On July 29, 2016, the Defendant entered into a supply contract with E Co., Ltd. (hereinafter “E”) to purchase three copies of the products under the two contract at KRW 115,00,000 per unit ( multiple files).
[Ground of recognition] Unsatisfy, A 1.