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1. The Defendant: KRW 35,938,145 for the Plaintiff and KRW 5% per annum from July 10, 2015 to May 10, 2016.
Reasons
1. On June 23, 2015, A Co., Ltd. (hereinafter referred to as “Nonindicted Company”) transferred a claim for the amount of KRW 130 million against the Defendant of the Nonparty Company to the Plaintiff, and on the same day, notified the Defendant of the assignment of the claim by content-certified mail and delivered the notification to the Defendant on June 24, 2015.
[Grounds for recognition] The items in Gap evidence 1-1, 2, and Gap evidence 2-2, and the purport of the whole pleadings
2. The assertion and judgment
A. As to the Plaintiff’s claim for the amount of KRW 130 million against the Defendant, the Defendant asserts that as of June 25, 2015, the Defendant is liable only within the limit of KRW 35,938,145, since he/she paid to the Nonparty Company the amount of the claim for the amount of KRW 104,686,438 as of June 25, 2015, the amount of the claim for the amount of goods is KRW 68,748,293 to the Gwangju Bank Co., Ltd. (hereinafter “Gwanju Bank”), a senior security
B. On October 23, 2014, the Defendant entered into a contract with Nonparty Company to be supplied with LED lighting fixtures, etc. at KRW 572,000,000 (hereinafter “instant contract for the supply of goods”).
B) Meanwhile, on November 6, 2014, the non-party company obtained a loan of KRW 200 million from the Gwangju Bank as of May 10, 2015. At the time of the loan, in order to secure the above loan claims, the non-party company entered into a bond transfer contract with the non-party company as collateral, with the limit of collateral amount of KRW 240 million, and the defendant accepted the above transfer of credit. On November 10, 2014, the notary public obtained a fixed date in the bond transfer contract (Evidence 7) stating the defendant's consent to the transfer of credit under the law as a law firm 3203 (Evidence 7) with the defendant, as of June 25, 2015, the non-party company bears KRW 104,686,438 as the obligation due to the instant goods supply contract with the non-party company, but on July 31, 2015, the bank's security right was exercised in Gwangju bank.