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1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from July 13, 2017 to the date of full payment.
Reasons
1. Basic facts
A. A. ABAD Partnership Co., Ltd. (hereinafter “AB”) lent a total of KRW 1,100,000,000 to the Defendant on two occasions on September 2016.
B. The Defendant repaid KRW 50,000,000 to the non-party company out of the above loans.
C. On June 23, 2017, Nonparty Company transferred the claim of KRW 1,050,000 to the Plaintiff out of KRW 1,050,00,000 (i.e., KRW 1,100,000,000 - KRW 50,000,000, and hereinafter “loan Claim”).
The non-party company notified the defendant of the assignment of the above assignment by content-certified mail, which was served on the defendant on June 26, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 250,000,000 and damages for delay calculated by the rate of 15% per annum from July 13, 2017 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, to the day of complete payment, barring special circumstances.
3. Judgment on the defendant's assertion
A. The Defendant’s assertion that the instant loan claim was transferred in duplicate to B.
In addition, other creditors of the non-party company received a provisional seizure order on the loan claim of this case.
The defendant is at the risk of double payment because it is difficult to find out who is the creditor of the non-party company's provisional attachment creditor or the transferee of the loan claim of this case.
Therefore, the defendant cannot accept the plaintiff's claim for transfer money.
B. Between the person who executed provisional attachment or attachment order on the same claim as the bond transferee and the person who executed provisional attachment or attachment order on the same claim, after the arrival of the third obligor (in the case of assignment of claims, after the obligor) with a fixed date.