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1. A deed prepared on November 6, 2013 by a notary public C belonging to the Seoul Eastern District Prosecutors' Office against the plaintiff of the defendant.
Reasons
1. Basic facts
A. As to the amount of KRW 127,50,000 due as of November 6, 2013 between the Plaintiff, D, E, F (each debtor) and the Defendant (creditors), a notarial deed of a loan for consumption is drawn up by December 31, 2013, and the interest rate is 30% per annum.
B. On November 3, 2014, the Plaintiff transferred KRW 136,00,000 among the Plaintiff’s claims against Nonparty G Co., Ltd. (hereinafter “Nonindicted Company”) to the Defendant. On November 7, 2014, the Plaintiff notified the Nonparty Company of the assignment of claims.
For the claims to be borne as of the contract for assignment of claims, 136,00,000 won shall be transferred to the creditor on the following terms:
Article 3 (Interest) Any creditor may demand that the garnishee pay interest on any interest accrued after July 04, 2014.
Article 4 (Extinguishment of Obligations) The debtor shall notify the garnishee of the assignment of claims under Article 1-3 of the Agreement on the Assignment of Claims, present copies thereof to the creditor, and cooperate with the creditor until the creditor completes securing the claims from the garnishee.
Provided, That 35,365,082 won shall be liable to the creditor for the performance of the obligation.
C. The above claim of KRW 136,00,000 was recognized in the Seoul Central District Court Decision 2014Gahap5872 (main office), 2015Gahap1241 (Counterclaim) between the Defendant and the Nonparty Company.
The Plaintiff remitted KRW 11,00,000 to the Defendant on June 5, 2014, and remitted KRW 10,000,000 to the Defendant on May 8, 2015, and remitted KRW 4,400,000 on May 28, 2015.
E. On April 1, 2016, Nonparty Company remitted KRW 20,000,00 to the Plaintiff.
[Evidence A] Evidence Nos. 1, 2, 3, 1, 2
2. Assertion and determination
A. On November 3, 2014, the Plaintiff, instead of paying the above monetary obligation to the Defendant, transferred KRW 136,000,000 (the principal and interest up to July 4, 2014) to the Defendant among the claims of KRW 240,00,000 to the non-party G Co., Ltd. (the principal and interest up to July 4, 2014). In particular, the Plaintiff agreed that only KRW 35,365,082 at the time of the assignment of claims shall be liable to the Defendant. Accordingly, the said assignment of claims shall be