양수금
1. The Defendant’s KRW 238,155,469 as well as 5% per annum from June 20, 2014 to May 28, 2015 to the Plaintiff.
Basic factual basis is a cooperative established for the purpose of enhancing the economic, social, and cultural status of the members of the cooperative engaging in the two kinds of money business, and B is an intermediary wholesaler of the joint livestock market operated by the plaintiff, and the defendant has been supplied with livestock products from B from around 2008 to May 24, 2014.
B as of May 26, 2014, as of May 26, 2014, the Defendant had credit sales claims of KRW 238,155,469 (hereinafter “instant sales claims”).
B on May 26, 2014, transferred the instant sales claim to the Plaintiff (hereinafter referred to as “transfer of claims”), and sent a notice of assignment to the Defendant by content-certified mail on June 18, 2014, and the Defendant received the said notice following the day.
【Unless there is any special circumstance, the Defendant is obligated to pay KRW 238,155,469 to the Plaintiff who acquired the instant sales claim, according to the facts alleged by the parties to the entire pleadings, as well as the allegations of the parties to the claim and the grounds for the determination.
The defendant's assertion B, which judged on the defendant's defense, borrowed KRW 100 million from C around 2012, and the defendant guaranteed it.
Since then, B and C continued to engage in monetary transactions with each other, and in around 2014, the amount of debt for B's loan amount of KRW 490 million was adjusted to KRW 490 million, and the Defendant jointly and severally guaranteed KRW 150 million among them.
In addition, each of the above joint and several sureties provided credit sales claims to the defendant B, that is, the sales claims of this case as security.
On the other hand, since the claim is transferred to the assignee without maintaining the identity of the claim by the assignment of the claim, the defendant may assert the defense or objection against the transferor B to the plaintiff as the transferee.
Therefore, the defendant may assert to the plaintiff that the sales claim of this case was already provided as security to C.