beta
Text
1. The Defendant shall pay to the Plaintiff KRW 48,941,498 and the interest rate of KRW 15% per annum from July 2, 2015 to the day of complete payment.
Reasons
1. According to the evidence Gap's evidence Nos. 1 through 4 as to the cause of the claim, ① the defendant agreed to pay KRW 48,941,498 to the Sejong Metal Co., Ltd. as a guarantor of the Seobuungchip Co., Ltd. until March 15, 2015, and prepared and delivered a payment guarantee memorandum (Evidence No. 3) on it. ② The defendant's three-dimensional metal Co., Ltd. is transferred to the plaintiff the "claim against the Sejong Metal Co., Ltd. Co., Ltd. Co., Ltd., Ltd.'s three-dimensional metal Co., Ltd.' which the defendant guaranteed the payment, and notified the above assignment of the claim to the Seobuchip.
According to the above facts of recognition, the defendant is obligated to pay the plaintiff, the assignee of the claim, as a guarantor of the Seowork Franchise Co., Ltd., with 48,941,498 won, and damages for delay calculated at the rate of 15% per annum from July 2, 2015 to the date of full payment, which is obviously the next day after the original copy of the payment order of this case is served on the defendant, within the scope sought by the plaintiff.
2. On the Defendant’s assertion, the Defendant asserts that, as the name metal industry corporation filed an application for provisional attachment on April 30, 2015 with respect to KRW 10,209,063 out of the claims against the Sejong Metal franchise Co., Ltd. under the Incheon District Court Branch Branch Order 2015Kadan941, the Defendant cannot comply with the Plaintiff’s claim on the ground that the provisional attachment order was rendered on April 30, 2015.
The term "transfer of claims" means a contract with the purpose of transferring a claim from the former to the latter, while maintaining its identity between the transferor who is the former creditor and the transferee who is the new creditor.
The claims by the assignment of claims shall not lose their identity and shall be transferred from the transferor to the assignee, and there is no limit on the transfer of the claims provisionally seized.
In addition, even if there is a provisional attachment on claims, this is the fact that the debtor is from the third debtor.