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1. Of the judgment of the court of first instance, KRW 1,256,00 against the Plaintiff as to the Defendant and its related amount, from November 27, 2018 to October 22, 2020.
Reasons
1. Basic facts
A. The Defendant was supplied with books by C (hereinafter “C”) in operating the book distribution business, etc.
B. On July 1, 2014, C issued to the Plaintiff a promissory note with a face value of KRW 290,000,000 and issued to the Plaintiff a notarial deed recognizing that a compulsory execution shall be conducted immediately (No. 759, 2014).
C. On December 6, 2017, the Plaintiff received a seizure and collection order on the claim against C, the garnishee, the Defendant, and the claim amount of KRW 12,00,000,000 from the Suwon District Court, Sungwon-nam Branch Branching 2017TTT1744, and the said order was served on the Defendant, the garnishee, on December 11, 2017.
Then, on July 4, 2018, the Plaintiff received an assignment order (hereinafter “Plaintiff’s assignment order”) under the Sungnam District Court Branch 2018TTT 6759 as to the claims attached as above. The Plaintiff’s assignment order was served on the Defendant on July 9, 2018, and became final and conclusive on November 3, 2018.
On the other hand, as of December 23, 2015, C’s claim for the price of goods against the Defendant is KRW 16,656,00.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 8 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the issue
A. According to the facts found in the instant case’s key issue, since the Plaintiff’s assignment order was lawfully issued and confirmed, the existence and scope of the Plaintiff’s assignment order against C is the key issue of the instant case, based on the time the assignment order is served on the Defendant.
B. The Defendant’s assertion 1) The Plaintiff’s claim 1) KRW 290,00,000 against C is a false bond and a promissory note with a face value of KRW 290,00,000 issued by C on July 1, 2014 is issued falsely. Thus, the Plaintiff’s assignment order based on an invalid enforcement bond is also null and void.
B) C’s KRW 12,400,000 out of the claim for the price of goods as of December 23, 2015 shall be 12,400,000,000.