양수금
1. In the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. The Plaintiff loaned KRW 50,00,000 on January 15, 2013, and KRW 50,000,000 on January 16, 2013, and KRW 65,000,000 on January 25, 2013, and KRW 27,000,00 on February 5, 2013, and KRW 30,000 on February 25, 2013, and KRW 6,60,000 on February 28, 2013, and KRW 237,600 on March 15, 2013, and the Plaintiff’s debt guarantee.
B. B and C did not repay the above loan to the Plaintiff, and the Plaintiff, B and C, from April 15, 2013, resigned from the previous representative director D and the Plaintiff was appointed to the representative director B, and the Plaintiff agreed to recover the claim against B’s business partner on behalf of the Plaintiff.
C. On April 15, 2013, the Plaintiff was appointed as the representative director of B, and accordingly, the registration of change of the representative director of B on April 16, 2013, and the representative director of B on April 26, 2013 was corrected.
B With the Plaintiff on July 18, 2013, the Plaintiff entered into a contract on the assignment of claims equivalent to KRW 18,990,936 (hereinafter “instant transport expense claim”) possessed by B against the Defendant, a company established for the purpose of collecting and transporting construction waste, etc., with the purport of transferring the same to the Plaintiff. On July 22, 2013, the Defendant notified the Defendant of the said assignment of claims and the said notification was delivered on July 23, 2013 to the Defendant.
E. On August 22, 2013, the Plaintiff filed an application for the instant payment order with the Defendant seeking payment of the instant transportation expense.
[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 5 (including each number), Eul evidence 7, the purport of the whole pleadings
2. The defendant's judgment on the defendant's main defense was abused that the plaintiff, a creditor of B, was in the position of the representative director, and received the transportation expense claim of this case from B with the intent to obtain the preferential reimbursement of his claim, and sought the payment of the acquisition amount against the defendant of the transferor.