The defendant paid KRW 47,367,630 to the plaintiff and 5% per annum from June 18, 2020 to January 15, 2021.

1. Basic facts

A. The Plaintiff supplied goods to Co., Ltd. D (hereinafter “Non-Party Company”) that is engaged in the steel sales business, etc., and had a claim for the amount of unpaid goods. The non-party Company supplied goods to the Defendant and had a claim for the amount of unpaid goods.

B. Around May 4, 2020, the non-party company transferred to the Plaintiff the claim for the payment of goods amounting to KRW 71,217,548 against the Defendant, and then notified the Defendant of the assignment of the claim on May 6, 2020, and the following notice was delivered to the Defendant.

【Ground of recognition】 The non-contentious facts, Gap evidence Nos. 1-2, Gap evidence No. 2 and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was transferred KRW 71,217,548 to the Defendant by Nonparty Company. Therefore, the Defendant is obligated to pay the Plaintiff the above amount of KRW 71,217,548 and the delayed damages.

B. The defendant's assertion that the non-party company's claim was issued a provisional attachment order by other creditors, but around September 7, 2020, the amount of debts of 47,367,630 won was deposited in the Seoul Central District Court. Thus, the plaintiff's claim cannot be complied with.

(c)

Judgment

1) According to the above facts of determination as to the cause of the claim, it is reasonable for the defendant to resist the existence or scope of the obligation of the defendant from June 18, 2020 on the record that the defendant's delivery of a copy of the complaint of this case to the plaintiff within the scope of the obligation transferred to the plaintiff and the following day of the delivery of a copy of the complaint of this case.

As of January 15, 2021, the day of this decision, which is the day of this decision, the duty to pay delayed damages calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment (only on the evidence No. 1-1, it is insufficient to recognize that the amount of claims against the defendant of the non-party company transferred by the plaintiff exceeds the above KRW 47,367,630, and exceeds the above KRW 71,217,548.