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1. The Defendant’s KRW 32,863,942 as well as 6% per annum from January 3, 2019 to February 18, 2020 to the Plaintiff.
Reasons
Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 4 through 8, D Co., Ltd. (hereinafter “D”) supplied C-B lectures, etc. to the Defendant until November 30, 2018, and did not receive KRW 32,863,942 for the goods. D transferred the claim amounting to the Defendant on December 28, 2018 (hereinafter “transfer of claim”) to the Plaintiff with the amount of KRW 32,863,942 for the goods unpaid to the Defendant, and D notified the Defendant of the transfer of the instant claim on December 31, 2018, and it can be acknowledged that the aforementioned notification reached the Defendant on January 2, 2019.
According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 32,863,942, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 3, 2019 to February 18, 2020, which is the delivery date of the original copy of the payment order, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
In regard to this, the Defendant did not prove that the Plaintiff had a claim against D, and therefore, the assignment of the claim in this case is null and void as it was conducted for the purpose of a lawsuit trust. However, in full view of the purport of the entire pleadings in the written evidence No. 4, the Plaintiff held the claim amounting to KRW 270,544,248 on D, and the Plaintiff recognized that the claim for the payment of the unpaid goods was transferred to the Defendant from D for the repayment of the claim, and there is no other evidence to prove that the assignment of the claim in this case was conducted solely for the purpose of the lawsuit, and thus, the Defendant’
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.