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1. The part against the defendant among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to that part is dismissed.
2...
Reasons
1. Facts of recognition;
A. The status C Co., Ltd. of the parties (hereinafter “C”) is a company that has obtained scientific books, such as scientific books E and F, issued by Japan, and translated the said books into Korean. The Defendant was supplied books from C while operating the book sales business, etc. under the trade name of “G”.
B. On July 1, 2014, the Plaintiff’s claim C issued a promissory note with a face value of KRW 290,000,000 to the Plaintiff and issued a notarial deed recognizing that the Plaintiff shall immediately enforce compulsory execution (No. 759, 2014 by a notary public).
C. I Co., Ltd. I (hereinafter “I”)’s claim and assignment order with respect to C
A) On December 23, 2015, C issued promissory notes worth KRW 380,000,000 at face value, and completed a promissory note notarial deed (No. 820, 2015, No. 820) by which a notary public recognizes that a compulsory execution shall be conducted immediately. (2) On the same day, I received from C the documents “C’s asset and debt status (No. 8, 2015, the current status of its assets and debt)” (No. 23, 2015) stating that the balance of transactions against the Defendant was KRW 9,628,00,00.
(C) On January 6, 2016, I issued a promissory note with a face value of KRW 50 million from C to February 4, 2016 (No. 65, 2016), and completed a notarial deed (No. 65, 2016), which was accepted by a notary public, to immediately enforce the said deed. (4) On January 6, 2016, I received an order of seizure and assignment of the claim regarding KRW 7,00,000 among the instant claims, based on the authentic copy of the notarial deed of paragraph (1) of the above Article, which was enforced by Suwon District Court Sung-nam Branch Branch 2016T33, the said assignment order was served on the Defendant on February 5, 2016, and became final and conclusive on March 31, 2016 (hereinafter “I assignment order”).
D. The Plaintiff’s assignment order against C.