추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the purport of Gap evidence Nos. 1, 2-1, and 2-1, and the whole pleadings as to the cause of the claim, the plaintiff and C Co., Ltd. (hereinafter "C") obtained a collection order of KRW 30,00,00,00 borrowed from the plaintiff on January 19, 2017 from the plaintiff until May 18, 2017 and made a notarial deed of money loan contract (No. 63, 2017, No. 2017, No. 647, Sept. 28, 2018, which provides that interest and delay damages shall be paid at the rate of 25% per annum. According to the above notarial deed, according to the purport of Gap evidence Nos. 1, 2-1, 2-1, and 2-1, 207, the plaintiff received a collection order of KRW 20,179,847, and the defendant received the above notarial deed from the defendant on September 28, 20197, 20196.
2. Judgment on the defendant's defense
A. The defendant asserted that C cannot respond to the plaintiff's claim for collection because C transferred the claim for construction price against the defendant to E before receiving the original copy of each of the claims seizure and collection order of this case, and notified it to the defendant.
If the obligor satisfies the requirements for setting up against the assignment of claims by notification with a fixed date, etc. after transferring the claim subject to attachment or provisional attachment, even if the obligor’s obligee seizes or provisional attachment of the transferred claim, the seized claim is not existing at the time of the attachment or provisional attachment.