beta
Text
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. As of January 30, 2013, the Plaintiff had a claim for the purchase price of goods (including KRW 2,276,868,989, which was paid as a bill but has not yet arrived at the due date) against A as of January 30, 2013.
In addition, as of August 6, 2013, the Plaintiff had a claim for the amount of KRW 2,414,468,109 against A, but decided to convert A into a loan claim. On August 7, 2013, the Plaintiff drafted a notarial deed of a monetary loan contract for consumption (No. 400 of the certificate issued by a notary public, a law firm), stating the purport to recognize compulsory execution if a notary public fails to repay the above loan, on August 7, 2013.
B. On August 26, 2013, based on the above execution certificate, the Plaintiff received a seizure and collection order (Seoul Central District Court 2013TTT 27099) on the claim for the purchase-price of the goods from Scia as KRW 370,000,000 from the debtor A and the third debtor A (hereinafter “Scia”), and the original copy was served on Scia on August 29, 2013, and the Plaintiff demanded payment of the purchase-price of the goods from Scia around September 10, 2013 based on the above seizure and collection order.
C. On January 30, 2013, A made a promise between the Defendant and the Defendant to transfer A’s claim for the price of the goods to the Defendant. On the other hand, A prepared and made a set of items not only one copy by preparing a notice of the assignment of claims whose blank is the amount of debts, the amount of transferred claims, the amount of transferred claims, the amount of transferred claims, and the date of notification to the Defendant.
The notification authority of the assignment of claims was also delegated.
A paid the final portion of A around the beginning of July 2013. The Defendant sent the amount of credit to A under the said assignment contract, the amount of credit transferred to A is KRW 611,281,066, KRW 366,525,030, and the date of transfer, which is January 30, 2013; KRW 366,525,030, and the date of notification, respectively.