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1. On April 10, 2014 between the Defendant and the non-party Open Network Service Co., Ltd. (corporate registration number: 1101-144423).
Reasons
1. Facts of recognition;
A. 1) During the period from July 18, 2013 to April 4, 2014, the Plaintiff (corporate registration number: 111-144423; hereinafter referred to as “non-party company”).
(2) On December 24, 2013, the Defendant concluded a contract for the supply of goods with the non-party company with a contract amounting to KRW 106,480,00,00 for the supply of the goods, and subsequently failed to receive the price of the goods, the Defendant filed a lawsuit (Seoul Southern District Court 2015Ga3953) against the non-party company for the claim for the payment of the goods, and the judgment was rendered in favor of the non-party company on November 27, 2015, and the judgment became final and conclusive as is.
B. On April 10, 2014, Nonparty Company entered into a contract between the Defendant and the Defendant on the transfer of the claim indicated in the separate sheet (hereinafter “instant claim”) with Nonparty Company, and Lice C&C entered into the same year.
6.3. The above assignment of claims was approved.
C. The Defendant filed a lawsuit against the Defendant on the ice C&C (Seoul Central District Court 2015Da74327) against the Nonparty Company on November 18, 2015, arguing that the Defendant received KRW 106,408,00 from the Nonparty Company’s non-party company’s claims against the ice C&C (hereinafter “riice C&C”), and received a favorable judgment, and that judgment became final and conclusive as it is.
Won, the Defendant’s respective claims collection 1) Lice C&C deposited KRW 105,780,479 (Seoul Southern District Court 2016 gold 356), excluding the amount of the instant claim, among the amount of the debt owed to the Nonparty Company, with the dividend procedure (Seoul Southern District Court A) implemented with respect to the said deposit (Seoul Southern District Court 1 April 1, 2016) and distributed KRW 12,898,070 to the Plaintiff’s claims described in paragraph (a) of the same Article.
2 The Defendant received KRW 106,480,00,000 in total, as the repayment of transfer money from ice C&C on January 8, 2016, and KRW 86,480,00 in the nearest date thereafter, as the repayment of transfer money.
E. Nonparty.