beta
Text
1. The Defendants deposited with the Daegu District Court No. 1505, Mar. 18, 2019 as the Daegu District Court No. 1505, Mar. 18, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff has a credit (252,720,734 won and the amount at the rate of 15% per annum from September 8, 2018 to the date of full payment) based on the decision of recommending settlement with respect to the case of goods payment for Defendant B (252,720,734 won).
B. Defendant C Co., Ltd. is an executory creditor under provisional seizure (Cheongju District Court 2018Kadan51420, Oct. 25, 2018) against the claim amounting to 60,000 as Defendant B as the debtor and F Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd) as the third debtor.
Defendant D Co., Ltd. is a creditor who executed the claim (the claim amount of KRW 102,360,808 is the claim amount of KRW 102,360,808, and the claim amount of October 30, 2018 is the claim amount of KRW 102,360,808) with Defendant B as the debtor and the non-party company as the third debtor.
Defendant E is an execution creditor who received a seizure and collection order (the amount claimed is KRW 101,309,370, the amount claimed is KRW 101,309,370, and the arrival of the order on November 5, 2018) with Defendant B as the debtor, and the non-party corporation as the third debtor, as the Daegu District Court 2018TTT 11577.
C. On June 7, 2018, Defendant B prepared and delivered a transfer contract on the assignment of claims to the Plaintiff (However, the Plaintiff supplied to the said Defendant and delivered goods-price claims incurred by the said Defendant’s supply to the Nonparty Company).
In the above contract, the third debtor, the type of claim, the amount of credit, and the amount of transfer are vacant (hereinafter “instant contract for the assignment of claims”), and the defendant B granted the plaintiff the authority to supplement the public disturbance of the above contract for the assignment of claims on the same day.
(The date indicated in the supplementary right granting certificate is indicated on the 14th of the same month, which is after the date of the contract, but it is reasonable to deem that Defendant B delivered the contract to the Plaintiff on the same day as the contract). The assignment of claims and the notice of assignment of claims are written in the same document, and the assignment notice in the part of the assignment notice is written.