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1. The Defendant shall pay to the Plaintiff KRW 307,753,263 and the interest rate of KRW 15% per annum from March 23, 2018 to the date of full payment.
Reasons
Judgment
In full view of the overall purport of pleadings in the evidence Nos. 1, 2, 5, and 1 as to the cause of the claim, the Plaintiff received a collection order (hereinafter “instant collection order”) from a notary public of D Co., Ltd. (hereinafter “D”) as to KRW 307,753,263 out of the agreed amount based on the debt repayment agreement signed by November 3, 2015 against D as to the Defendant on the part of D, under the Gwangju District Court 2018TTT117, Jan. 24, 2018, by requesting for the seizure and collection order of the claim against the Defendant on January 26, 2018. The instant collection order is recognized.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff, a collection obligee, 307,753,263 won and damages for delay calculated at the rate of 15% per annum from March 23, 2018 to the date of full payment, which is the day following the delivery of a copy of the instant complaint.
As to the Defendant’s assertion, the Defendant asserted that, while entering into a repayment agreement with D on November 3, 2015, in order to prevent the collection and seizure of claims by other creditors, the Defendant kept confidential and entered into a special agreement prohibiting the transfer of claims, and the Plaintiff was grossly negligent in having known or failed to know the above special agreement, the Plaintiff’s claim for the collection of the instant amount is unreasonable
Even if there was a seizure and collection order against a monetary claim, this only grants the execution creditor the right to collect the claim against the garnishee in the compulsory execution procedure, and this does not mean that the claim which the debtor has against the third debtor is transferred or reverted to the execution creditor.
(see, e.g., Supreme Court Decision 96Da54300, Mar. 14, 1997). Moreover, even if the parties have a special agreement on the prohibition of transfer between the parties, it is subject to the attachment and assignment order.