1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. In full view of the purport of the entire arguments in the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff and C Co., Ltd. (hereinafter “C”) concluded on February 9, 2017 a contract to transfer the credit account receivable amounting to KRW 17,626,134 (hereinafter “the instant claim assignment contract”) possessed by C against the Defendant to the Plaintiff (hereinafter “the instant claim assignment contract”), and C notified the Defendant of the above assignment of the claim on the 10th of the same month, and recognized the fact that the Defendant received the above notification around that time.

According to the above facts of recognition, the plaintiff lawfully acquired the claim of this case against the defendant and met the requirements for counterclaim.

Therefore, the defendant is obligated to pay the above acquisition amount of KRW 17,626,134 and delay damages to the plaintiff, barring special circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserts that the lawsuit for revocation of the fraudulent act regarding the assignment of claims of this case is pending separately, and that the above lawsuit was subject to the claim collection and provisional disposition for prohibition of disposal of the claim of this case with respect to the claim of this case as the principal subject matter of the lawsuit, and the defendant cannot pay the above amount to the plaintiff

However, the revocation of a fraudulent act can only be claimed by means of filing a lawsuit with the court, and cannot be asserted by means of an attack and defense in the lawsuit (see, e.g., Supreme Court Decision 92Da11008, Jan. 26, 1993). As a separate lawsuit is pending, the revocation of a fraudulent act cannot be denied by asserting in this case the circumstances that there is a possibility that the claim assignment contract of this case may be revoked later.

In general, even if there is a provisional disposition on a claim, it is only prohibited for the debtor to collect the benefit or dispose of the claim from the third debtor in reality, and the debtor can file a lawsuit against the third debtor to seek the performance.