추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. To reduce the purport of the claim in the trial.
1. According to the overall purport of Gap evidence 2, Gap evidence 3-1, 2, 3, and Gap evidence 4, and Gap evidence 5-1 through 6, the plaintiff filed a lawsuit against Gap claiming a loan under Changwon District Court Decision 2014Na11582. The plaintiff was sentenced on August 21, 2014, "A shall pay the plaintiff 24,896,000 won and delay damages therefor," and the judgment becomes final and conclusive on September 13, 2014, based on the original copy of the judgment with the executory power of the above case, and the plaintiff received a transportation order under the Seoul Central District Court Decision 2014T as the debtor and defendant 3, and received a transportation order under the transportation order under the "A, construction waste and other claims, and the goods related thereto," and the defendant received a transportation order from the defendant and the defendant 2 to the defendant 3, and the defendant shall receive a transportation order under the "A, construction waste and other claims, and the collection order under the collection order from the defendant 2614.
After the collection order was delivered to a third party debtor, even if the third party debtor reimburses the debtor, it cannot be set up against the execution creditor. The defendant cannot set up against the plaintiff who is the collection creditor on the ground that the above 31,299,775 won, for which the payment obligation had already been incurred before June 15, 2015, was already paid to A. Thus, the defendant is liable to pay to the plaintiff 28,604,371 won, which is part of the above 31,299,775 won, and damages for delay calculated at the rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 1, 2015 to the date of full payment.
2. The defendant's assertion