Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, a transferee of D Co., Ltd. (hereinafter “D Co., Ltd.”) 93,046,901 won in total and 50,165,66 won in delay, calculated at the rate of 23% per annum from November 1, 2019 to the date of full payment.

2. Judgment on the defendant's assertion

A. As to the summary of the defendant's assertion, the defendant asserts that the non-party company exempted the defendant from the balance of debt against the defendant, and thus, even if it transferred the claim against the defendant to the plaintiff, the defendant may oppose the plaintiff on the grounds of the non-party company.

B. Therefore, the following facts are acknowledged in light of the overall purport of the pleadings in the descriptions of the Health Team, Gap evidence Nos. 14, Eul evidence No. 14, and Eul evidence Nos. 1 to 6.

① On September 25, 2009, the Defendant purchased construction machinery (hereinafter “E”) from E Co., Ltd. (hereinafter “E”), and paid the purchase amount with the money borrowed from F. Around September 25, 2013, when the principal and interest of loan became KRW 380,00,000, the Defendant decided to change the lending company to a non-party company from F to the non-party company. Around September 25, 2013, the Defendant created a right to collateral security with a maximum claim amount of KRW 380,000,000 in the instant construction machinery as to the non-party company. On October 28, 2014, the Defendant received additional loans from the non-party company to KRW 50,000,000 from the non-party company, and prepared a promissory note No. 30 million in the future of the non-party company (hereinafter “notarial deed”).

② Although the Defendant leased the instant construction machinery to E, it was impossible to receive rent from E due to a fire, and it was impossible to repay the principal and interest of interest of the instant construction machinery to Nonparty Company.