추심금
1. The defendant shall pay 1,218,584,165 won to the plaintiff and 12% per annum from December 28, 2019 to the date of full payment.
1. The Defendant asserts to the effect that the instant lawsuit is unlawful, since the Plaintiff transferred its claim against C based on the judgment of the court of first instance on the claim for revocation of fraudulent act by this court 2017Gahap39000 to D law firms, the Plaintiff did not have the standing to be a party to the instant claim for the collection amount.
On the other hand, the absence or extinguishment of an execution claim cannot be denied by the Defendant, who is the third obligor, as a defense, in a claim-raising lawsuit in a collection suit where there is a reason for the execution obligor to assert in the lawsuit of demurrer (see, e.g., Supreme Court Decisions 94Da34012, Nov. 11, 1994; 2015Da25570, May 30, 2017). The Defendant’s defense by itself is without merit.
2. Judgment on the merits
(a)The following facts may be found in the absence of a dispute between the Parties, or may be found in each entry in Gap evidence Nos. 1 and 3 (including a serial number; hereinafter the same shall apply), with a comprehensive consideration of the purport of the entire pleadings:
① On July 21, 2017, the Plaintiff was issued a seizure and collection order as to KRW 1,218,584,165, which Nonparty Incorporated C (hereinafter “C”) held against the Defendant by the Jeonju District Court 2019TT (hereinafter “C”) as to the loan claim 1,218,584,165.
(2) The instant collection order was served on January 3, 2020 to the Defendant.
3. C has loans equivalent to KRW 1,218,584,165 against the defendant.
B. 1) The Plaintiff’s determination as to the primary argument is alleged to the effect that C has a claim for reimbursement amounting to KRW 1,218,584,165 against the Defendant. However, each of the entries in the evidence Nos. 1 and 2 alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion is without merit. 2) According to the aforementioned determination as to the conjunctive argument, according to the facts of the aforementioned determination, the Defendant is the date of the claim for reimbursement against the Plaintiff and the collection amount of KRW 1,218,584,165.