양수금
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On July 1, 2018, C entered into a joint agreement with the Defendant to jointly carry out laundry-related projects as the Defendant’s partner. In this regard, C paid KRW 50 million as the amount of investment in the cooperative and KRW 50 million as the down payment to the Defendant.
B. C under the above contract, was drafted with a promissory note admitting compulsory execution against the Defendant on August 21, 2018, in order to guarantee the return of the money that was later paid to the Defendant without paying the down payment, by paying KRW 50 million to the Defendant.
C. On May 23, 2019, the Plaintiff entered into an agreement with C on the assignment of claims to the Defendant on May 23, 2019, and on May 24, 2019, C’s notification of the assignment of claims to the Defendant reaches the Defendant.
On May 26, 2019, the Plaintiff filed the instant lawsuit against the Defendant with the purport of claiming KRW 50 million as the claim. On the other hand, on June 26, 2019, the Seoul Eastern District Court issued the order of seizure and collection that seizes the Defendant’s claims against Mapo-gu Seoul Metropolitan Government and D organizations, as Seoul Eastern District Court 2019TTTT 56970, which was based on the above notarial deed.
E. The Defendant, as Seoul Eastern District Court 2019Kadan141808, filed a lawsuit of demurrer against the Plaintiff on the ground of the above notarial deed. On September 25, 2019, the Plaintiff changed the purport of the claim and the ground for the claim by seeking the acquisition amount of KRW 20,322,175, such as the delinquent tax paid by C on behalf of the Defendant, and the payment of the delayed payment.
F. On October 24, 2019, the Plaintiff and the Defendant agreed to prepare and conclude a written agreement with the following contents, while the instant lawsuit and the instant claim objection lawsuit, the above claim seizure and collection order are pending.
The plaintiff in a written agreement shall withdraw a lawsuit claiming the amount of takeover.
The defendant shall recognize the daily amount of KRW 70 million out of the claim amount in the lawsuit of objection.