양수금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In full view of the purport of the entire pleadings as to the statement in the evidence No. 1 of the judgment as to the cause of the claim, the Plaintiff and C (hereinafter “C”) concluded on February 9, 2017 a contract under which C (hereinafter “instant contract for assignment of claims”) transfers the credit account receivable amounting to KRW 25,332,875 (hereinafter “instant claim”) possessed by C against the Defendant to the Plaintiff (hereinafter “instant claim”), and C notified the Defendant of the above assignment of claims on the 10th of the same month, and recognized the fact that C received the above notification by the Defendant around that time.
According to the above facts of recognition, the plaintiff lawfully acquired the claim of this case against the defendant and met the requirements for counterclaim.
Therefore, the defendant is obligated to pay the above acquisition amount to the plaintiff 25,32,875 won and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant’s assertiond medical appliances and wholesale and retail business chain and C entered into a mutual account agreement with each other on the end of each month to offset the credit account receivable receivable and pay the balance to each other in cash as of the end of each month, starting from October 8, 2012. The said mutual account agreement was terminated on February 8, 2017 when C defaulted.
Therefore, as the contract of the instant claim is terminated, the instant claim is set off on February 8, 2017 with the Defendant’s credit account receivables set-off to the extent equivalent to the Defendant’s credit account receivables, and all of the claims are extinguished. Accordingly, the instant claim assignment contract concluded thereafter is
Even if the above mutual account contract is not terminated on February 8, 2017, and the claim of this case continues to exist until the conclusion of the instant contract for the assignment of claims, it is prohibited from individually transferring the claim of this case included in the mutual account to a third party. Thus, the Plaintiff is the instant claim assignment contract contrary to the above mutual account contract.