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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 14, 2017, the Defendant borrowed KRW 100,000,000 from C.
(hereinafter “The instant loan credit”). (b)
C transferred the instant loan claim to the Plaintiff on September 10, 2018.
C On September 13, 2018, by content-certified mail, notified the Defendant of the fact of the assignment of claims, but not notified the Defendant of the fact of the re-issuance of claims by content-certified mail on October 29, 2018. On October 30, 2018, the notice of the said assignment of claims was served on the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings
2. The Defendant is obligated to pay KRW 100,000,000 and damages for delay to the Plaintiff who acquired the instant loan claim from C, unless there are special circumstances.
3. The defendant's assertion and judgment
A. Since D, a creditor of C, the Defendant’s assertion, received the entire loan claims against C prior to the Plaintiff, the Plaintiff cannot respond to the Plaintiff’s claim.
B. Determination 1) According to the purport of the evidence No. 1 and the entire pleadings, in the case of the claim seizure and assignment order between the non-party company and C, the Seoul Central District Court 2018TTT 115054, the non-party company (hereinafter “instant assignment order”) on September 14, 2018, with respect to the amount until it reaches KRW 100,000,000 among all loan claims that C has against the defendant.
A) The fact that the instant assignment order was received and the fact that it was served on September 19, 2018 to the Defendant and on November 7, 2018 to C is recognized. 2) The criteria for determining the highest order between the assignee and the person who executed the attachment and assignment order with respect to the same claim are the date of arrival of the original copy of the decision on the assignment of claim with a fixed date and the assignment order (in the case of attachment and assignment order, the garnishee).