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1. Defendant G Co., Ltd.: (a) Defendant G Co., Ltd.: (b) KRW 33,478,00; (c) KRW 31,971,000; and (d) KRW 88,13.
Reasons
Plaintiff
The Plaintiff C, D, and F, Inc. (hereinafter “Plaintiff C”), D, and F, concluded a transportation contract with Defendant G to determine the claim against Defendant G, thereby carrying out the transportation business. As to Defendant G, Plaintiff C had each of the transportation charges claims amounting to KRW 33,478,00, Plaintiff D’s 31,971,000, and Plaintiff F’s 88,133,000.
[Reasons for recognition] Under Articles 208(3)2 and 150(3)(self-confising) of the Civil Procedure Act, Defendant G is obligated to pay the Plaintiff C the above transport charges of KRW 33,478,00, KRW 31,971,00 to Plaintiff D, KRW 88,13,000 to Plaintiff F, and the delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, as sought by the Plaintiff from December 15, 2017 to the day of full payment, from the day following the delivery date of a copy of the complaint in this case.
The plaintiffs' determination on the plaintiffs' claims against the defendant H and I has each of the claims based on the executive titles of KRW 44,580,163, the plaintiff Eul and KRW 5,720,260 for the plaintiff Eul and KRW 25,658,60 for the plaintiff Eul and KRW 25,602 for each of the claims against the defendant Eul and KRW 3,00 for the preservation of the above claims, and the plaintiff C, D, and F have each of the claims for transportation charges recognized in paragraph 1 for each of the claims against the non-party company of the defendant Eul from December 2, 2016 to March 2017.
Of the instant claims, Defendant G entered into the first assignment contract with Defendant H on November 21, 2016, with respect to KRW 79,830,935, and on the same day, notified the non-party company by means of content-certified mail, which is a certified fixed date, and sent the above notification on November 23, 2016, and entered into the second assignment contract with Defendant I on November 24, 2016, with respect to KRW 174,46,000 between Defendant I and the non-party company on behalf of the non-party company by means of content-certified mail, and on December 1, 2016, Defendant I notified the non-party company by means of the above content-certified mail.
5. The above notification has been delivered.
Accordingly, the non-party company is on the ground of the creditor's uncertainty and seizure competition.