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1. The Defendant shall pay to the Plaintiff KRW 42,747,450 and the interest rate of KRW 20% per annum from May 31, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On February 4, 2014, the Plaintiff received a payment order with the Changwon District Court Decision 2014Guj205 on the claim for the heat processing deposit amounting to KRW 41,119,909 and the claim for damages for delay on the heat processing deposit amounting to Nonparty Jinjin-si Co., Ltd. (hereinafter “Seojin-jin-si”), and the said payment order became final and conclusive on February 20, 2014.
B. On April 1, 2014, the Plaintiff received an order to seize and assign claims (hereinafter “order to seize and assign claims of this case”) from the original district court under Changwon District Court 2014TTT 3383 regarding the amount equivalent to KRW 42,747,450 (hereinafter “the entire amount of the instant case”) out of the amount of claims for goods supplied to the Defendant with industrial valves, etc. based on the payment order finalized by the Plaintiff. The said order to seize and assign claims was served on the Defendant on April 3, 2014 and became final and conclusive around that time.
C. Meanwhile, on May 2012, Jinjin supplied industrial valves, etc. to the Defendant. From February 2014, the supply price for the period up to February 2014 is equivalent to KRW 1,133,912,186. The Defendant paid the amount equivalent to KRW 671,15,117 out of the supply price by account transfer, and the amount equivalent to KRW 370,491,75 was paid by means of electronic bills or promissory notes.
【Ground of recognition】 The fact that there has been no dispute, Gap 3, 4, Eul 1 through 4 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. Determination
A. According to the facts of the judgment as to the cause of the claim, the defendant has a claim of KRW 92,265,314 against the defendant (= KRW 1,13,912,186 - KRW 671,15,117 - KRW 370,491,755), barring any special circumstances, in accordance with the claims seizure and assignment order under which the aforementioned unpaid claim for the price of the goods is the entire claim, and barring any special circumstance, the defendant is entitled to KRW 42,747,450 of the entire amount of the case to the plaintiff and the amount of KRW 42,747,450.