A. On November 1, 2016, the Plaintiff: (a) commissioned a notary public to prepare a notarial deed of a monetary loan agreement with the Plaintiff, the debtor corporation D (hereinafter “Nonindicted Company”); (b) loan 79,712,000 won due; (c) November 15, 2016 at the due date; and (d) 24% per annum; and (c) accordingly, the said notary public drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) with the terms and conditions as set forth in C/Dong Office No. 1418, 2016.

B. On July 19, 2019, the Defendant agreed to pay KRW 294,00,000 to the non-party company in 12 installments and pay KRW 24,500,000 each month (hereinafter “instant agreement”).

C. On July 3, 2020, the Plaintiff issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to “the amount reached the claim amount out of KRW 294,000,000,000, which the company outside the lawsuit has against the Defendant” as the executive title (the claim amount: KRW 140,097,915) with respect to the instant Notarial Deed under the title of execution (the claim amount: KRW 140,000).

The instant assignment order was served on the Defendant on July 8, 2020, and was finalized on August 14, 2020.

On the other hand, after the agreement of this case, the defendant paid 147,000,000 won equivalent to six times of the agreed amount of 294,000,000 won to E delegated by the non-party company.

[Ground of recognition] The fact that there is no dispute, Gap evidence 6-1, 2, Gap evidence 9, 10, Eul evidence 1, Eul witness E's testimony, and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the remaining claims against the defendant of the non-party company of this case are KRW 147,00,000 (=294,000,000 - KRW 147,000,000). Thus, the defendant is the day following the delivery date of the assignment order of this case among the remaining claims of the non-party company and the assignment order of this case against the plaintiff.