양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 14, 2006, B applied for a payment order against the Defendant for the payment order for the remainder of the design service costs of the Busan District Court 2006Ra1021, Busan District Court 2006Da11021, and on November 17, 2006, B received from the above court the payment order that "the Defendant shall pay to B the amount of KRW 145,540,000 and the amount equivalent to 20% per annum from the day after the original copy of the instant payment order was served to B, and the payment order was served to the Defendant on November 24, 2006 and was finalized on December 9, 206.
B. After that, on December 8, 2014, B transferred the above design service cost claim against the Defendant (hereinafter “instant claim”) to the Plaintiff. On the same day, B received a notice stating the assignment of the instant claim (hereinafter “the instant notice of assignment”) from the Busan Postal Office as a content-certified mail to notify the Defendant of the assignment of the claim. Accordingly, the instant notice of assignment was sent to the Busan Do F apartment, 117 Dong Dong 2802, but was returned to the addressee on December 9, 2014. At the time, the Defendant’s resident registration address was Busan YG apartment, 101 Dong 2106.
C. On the other hand, the Defendant filed for bankruptcy with Busan District Court Decision 2014Hadan2501, 2014Da2501, and each of the above courts rendered a declaration of bankruptcy on March 11, 2015, and was granted immunity on September 22, 2015, and the aforementioned immunity became final and conclusive on October 7, 2015. At the time of the application for immunity, the list of creditors included the instant claim (creditor B) in the list at the time of the application for immunity.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 3-1, 2, and Eul evidence 1-1, 2, 3, Eul evidence 2, and 3-1, 2, and 3-2, each fact inquiry result against the Hdong community service center of this court, the head of Busan court, and the purport of the whole pleadings.
2. As to the Plaintiff’s assertion against the Defendant, the Defendant sought payment of the money stated in the purport of the claim as the assignee.