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1. The Defendant shall pay to the Plaintiff KRW 195,782,933 and the interest rate of KRW 15% per annum from May 23, 2017 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of pleadings as to the grounds for the claim Gap evidence Nos. 1 through 5 (including paper numbers) and Eul evidence No. 1, the non-party company (hereinafter "non-party company") entered into a contract for the supply of processed goods (hereinafter "instant supply contract") with the defendant on December 29, 2016, which the non-party company would supply the processed raw materials provided by the defendant upon the defendant's work order. ② The non-party company manufactured and supplied processed goods to the defendant from around that time to May 2, 2017, but did not receive the price of goods equivalent to KRW 494,764,845 from the defendant. ③ The non-party company did not receive the price of goods from the defendant on May 2, 2017, the non-party company transferred the claims of KRW 195,782,93 (hereinafter "the claim of this case") against the defendant, and notified the defendant on May 17, 2017.
According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff 195,782,933 won and damages for delay at the rate of 15% per annum from May 23, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case to the defendant, as requested by the plaintiff.
2. The defendant's assertion and judgment
A. (1) The defendant asserts that the claim in this case is a claim that is prohibited from transferring under a non-assignment agreement between the non-party company and the defendant, and that the plaintiff's claim for transfer amount should be dismissed since the defendant did not have any prior approval on the assignment of claims.
In this regard, the Plaintiff did not know that there was a special agreement prohibiting the assignment of claims between the parties at the time of acquiring the instant claim.
(2) A claim may not be transferred, but shall not be made to a third party acting in good faith, if the parties have expressed their dissenting opinions.