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1. The Defendant’s KRW 19,03,647 as well as the Plaintiff’s annual rate from June 1, 2017 to January 14, 2019, and the following.
Reasons
1. Facts of recognition;
A. A. A (corporate registration number: D. hereinafter “former C”) entered into a contract with E Co., Ltd. (hereinafter “E”) on the transfer and takeover of claims between the Plaintiff, etc. and E (hereinafter “E”) on June 2012.
In the above contract for the transfer and takeover of bonds, the partitions specifying the transfer claims such as the third debtor, representative, address, and amount of credit were each blank.
On October 29, 2013, the former C representative director F established C (corporate registration number: G; hereinafter referred to as “new C”) a separate corporation with the same trade name as that of the former C.
B. From July 1, 2013 to September 30, 2013, E requested the Plaintiff, etc. to submit sales claim data under the above credit assignment contract, and issued the “total sum table by electronic tax invoice seller” (Evidence No. 15), “detailed account sales statement by October” (Evidence No. 16), and “the balance of the former account sales account (Evidence No. 17)” (Evidence No. 17) with each transaction partner and transaction payment indicated in the former C’s respective transaction partners from July 1, 2013 to September 30, 2013. E sent the notice of credit transfer to the Plaintiff and the Plaintiff on March 19, 2014 according to the above list by electronic tax invoice seller, etc. delivered by the former C, and sent the notice of credit transfer to the Plaintiff on March 19, 2014.
C. On April 4, 2014, E filed a lawsuit against the Plaintiff, etc. for the claim for the amount of transfer income with the Suwon District Court, and the Plaintiff appointed the Defendant, who is an attorney-at-law, as the attorney of the instant case.
The above court dismissed E’s claim on the ground that the transfer claim subject to transfer is not specified and the transfer contract cannot be deemed valid.
Accordingly, E appealed, and the plaintiff again appealed from the above appellate court (hereinafter referred to as "relevant appellate court").