추심금
The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Upon examining the judgment as to the cause of the claim, in addition to the purport of the entire argument in the evidence Nos. 1 and 2, the Plaintiff was issued with respect to the claim as indicated in the separate sheet No. 2019T against the Defendant (hereinafter “the claim in this case”), based on the original copy of the payment order with executory power over the goods payment case No. 2019Hu212 against the Changwon District Court 2019, Dec. 11, 2019 (hereinafter “C”), and it is recognized that the collection order in this case was served on the Defendant on December 13, 2019.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 275,223,795 and damages for delay.
Around April 18, 2019, the transfer of the seizure and collection order of the instant claim to D Co., Ltd. (hereinafter “D”), the gist of the Defendant’s argument as to the Defendant’s defense, around April 18, 2019, the transfer of the instant claim to D Co., Ltd. (hereinafter “D”). As the Defendant agreed to repay KRW 200 million out of the instant claim to D and to substitute for the payment of KRW 150 million with the delivery of a certified promissory note for consumption loan, the instant claim had already been extinguished before the instant collection order was issued, and accordingly, the instant collection order is null
Judgment
In addition to the purport of the whole pleadings, the following facts are recognized in each entry of evidence Nos. 1 to 10:
C Around April 18, 2019, around April 18, 2019, C prepared a written confirmation that “C transferred a claim of KRW 500 million against the Defendant to a third party designated by C, notified the Defendant of the assignment of the claim, and confirmed that C transferred a claim without any legal defect.”
D and the defendant around April 2019, "D shall temporarily seal KRW 600 million to the defendant transferred from C after consultation with the defendant.