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1. The Defendant’s KRW 50,000,00 and the Plaintiff’s annual rate of KRW 6% from July 25, 2018 to February 20, 2019, and the following.
Reasons
1. Facts of recognition;
A. On March 20, 2018, A and F Co., Ltd. (hereinafter “F”) made an authentic deed stating that “A Co., Ltd. and F Co., Ltd. (hereinafter “F”) prior to the merger are KRW 2,575,949,177” as a notary public, from February 2018 to May 2018, 2018, that “F will pay in installments by July 25, 2018.”
B. Before the merger, A Co., Ltd. was changed into H Co., Ltd. on April 2, 2018, and merged into I Co., Ltd., and on April 30, 2018, I Co., Ltd. transferred a claim under the said notarial deed to the Plaintiff on April 30, 2018, and the notice of transfer was issued to F on May 2, 2018.
C. The Defendant is a company that entered into an agency contract with F and paid fees to F while carrying on transportation business.
On June 4, 2018, the Plaintiff rendered F on the basis of the above notarial deed as the obligor and the Defendant as the third obligor, and as to F’s fee claim of F, KRW 50 million (including the portion that has already occurred or is expected to occur in the future) from among the fee claims against F, the Plaintiff’s seizure and collection order was “the seizure and collection order of this case”.
(E) Upon receipt of the above order, the said order was served on June 11, 2018 on the Defendant. (e) On June 12, 2018, the Plaintiff sent to the Defendant a content-certified mail requesting payment of KRW 50 million according to the above seizure and collection order, which was served on the Defendant on June 14, 2018. (f) The Defendant sent a total of KRW 33 million to the F account from June 12, 2018 to July 18, 2018, and remitted a total of KRW 54 million from June 20 to July 24, 2018 to the J account under the name of the FDsan Agency’s representative. [In the absence of any ground for recognition, subparagraphs 1 through 10, 14, and 16, the purport of the entire pleadings, as a whole, the purport of the pleadings.
2. Determination
A. According to the factual basis, evidence and the purport of the entire pleadings prior to the determination of the cause of the claim, the Defendant’s account under the name of F or J from June 12, 2018 to July 24, 2018.