양수금
1. All of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against all the plaintiffs.
1. Basic facts
A. On June 1, 2010, a non-party L&C Co., Ltd. (hereinafter “UBC”) sold KRW 31 billion in the amount of KRW 31 billion in Seoul Jung-gu, Jung-gu, Seoul. The Defendant paid the remainder of KRW 2.6 billion on May 28, 2010, the intermediate payment of KRW 2.4 billion on June 11, 2010, and the intermediate payment of KRW 4 billion (PF) within 12 months after the intermediate payment.
The Defendant paid American L&C the sum of KRW 2.6 billion in down payment and intermediate payment KRW 24.4 billion in total.
B. On March 13, 2015, U.S. L&C transferred to Nonparty D the claim KRW 1.3 billion out of the remainder of the purchase price of this case KRW 4 billion, and notified the Defendant of the assignment of the claim on the same day, and reached the Defendant around that time.
C. On September 20, 2016, D transferred to Plaintiff A the claim amounting to KRW 300 million among the above claim amounting to KRW 1.3 billion, and to Plaintiff B the claim amounting to KRW 1.3 billion among the above claim amounting to KRW 1.3 billion, and notified the Defendant of the assignment of claim on the same day, and reached the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, entry of Eul evidence 2, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) On September 20, 2016, as to KRW 1.3 billion out of the remainder of the purchase price of this case transferred to D on March 13, 2015, the Plaintiff Company acquired KRW 4 billion, and Plaintiff B, respectively, KRW 100 million. As such, the Defendant is obligated to pay the respective claim acquisition amount and delay damages to the Plaintiff, the transferee of the claim. 2) The ancillary claim D acquired KRW 1.3 billion out of the remainder of the purchase price of this case from the U.S. L&C on March 13, 2015, and transferred the claim KRW 400 million out of the remainder of the purchase price of this case to Nonparty E on July 14, 2015. < Amended by Act No. 13006, Oct. 26, 2017>
After that, on October 30, 2017, Defendant A withdrawn an agreement on the assignment of claims on October 26, 2017 with respect to KRW 100 million, out of the amount of claims transferred from E and the above KRW 400 million, and E withdraws on October 26, 2017. < Amended by Act No. 15003, Oct. 26, 2017>