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1. The Defendant’s KRW 133,313,69 as well as the Plaintiff’s annual rate from March 31, 2016 to November 14, 2016.
Reasons
1. Basic facts
A. On October 2015, the Plaintiff received an order for payment from the Changwon District Court (hereinafter “Nonindicted Company”) to the Defendant Company A (hereinafter “Nonindicted Company”) by filing an application for a payment order for the payment of the construction cost with the Changwon District Court Branch Branch 2015 tea1563, Oct. 28, 2015, the Plaintiff received an order for payment from the said court that “the Plaintiff shall pay to the Plaintiff 126,80,000 won and the interest rate of 15% per annum from November 20, 2015 to the date of full payment,” and the said payment order was finalized on December 4, 2015.
B. On the basis of the original copy of the above payment order, the Plaintiff filed an order for the seizure and assignment of claims against the amount claimed under Changwon District Court Msan Branch 2016TTT201 to KRW 1141,33,313,69, the debtor company, and the third debtor against the Defendant for the attachment of claims against the loans (including the appellate court based on this case and the final appeal) that the non-party company has against the Defendant and issued an assignment order for the same content as of March 25, 2016 (hereinafter “instant assignment order”). The instant assignment order was served on the Defendant on March 30, 2016, and was served on the non-party company by means of service by public notice, and became final and conclusive on September 29, 2016.
C. Meanwhile, the Nonparty Company lent KRW 140,000,000 to the Defendant on October 31, 2013, and KRW 140,00,000,000 on April 9, 2014.
On December 30, 2015, the non-party company filed a loan lawsuit (hereinafter “instant loan lawsuit”) with the Changwon District Court Branch Branch 2015Kadan10366 (hereinafter “the Defendant”) and rendered a judgment on September 28, 2016 that “the Defendant shall pay to the non-party company KRW 140,000,000 and the amount at the rate of 15% per annum from December 15, 2015 to the date of full payment,” but withdrawn the said lawsuit against the Defendant on October 17, 2016.
[Reasons for Recognition] Gap evidence Nos. 1 and 2-1 to 3, respectively.