1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. On July 17, 2014, when determining the cause of the claim, the fact that tin General Management Co., Ltd. (hereinafter referred to as “Tin General Management”) entered into a contract with the Defendant for the management service of ri-party apartment (hereinafter referred to as “instant management”) held the Defendant’s claim for the management service costs of KRW 15,00,000 against the Defendant (hereinafter referred to as “the claim for the management service costs of this case”), the Defendant is the Defendant, and according to each description of evidence Nos. 1 through 3, 15,00,000 out of the claim for the management service costs of his/her own Defendant (hereinafter referred to as “the assignment of claim of this case”). It can be acknowledged that the notice of the transfer with the fixed date of the assignment of claim of this case reaches the Defendant on July 21, 2014.

Therefore, according to the above facts of recognition, the defendant is obligated to pay to the plaintiff the acquisition amount of KRW 15,000,000 and damages for delay.

2. The defendant's defense is a defense that the plaintiff's claim for acquisition amount cannot be complied with, since the comprehensive management of half-tin, the transferor of credit, prior to the plaintiff, transferred the claim for the management service payment of this case to the third party B.

As to the defendant's defense of transfer of double bonds, the order between the assignee where the claim was transferred twice is not determined by the prior date of the fixed date attached to the notification or consent, but by the debtor's awareness of the transfer of credit, that is, by the time when the notification of transfer with the fixed date reaches the debtor or by the prior date of the consent with the fixed date (see Supreme Court en banc Decision 93Da2423, Apr. 26, 1994). According to the purport of the evidence Nos. 1-1 through 4, and 4 of the evidence No. 1-4 and the whole arguments, the anti-tin comprehensive management transferred to B on July 15, 2014 the management service claim amounting to KRW 15,760,100, among the claims under the Liby Apartment Apartment apartment management service contract against the defendant, and the above assignment of credit.