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1. The Defendant’s KRW 80,268,940 for the Plaintiff and 5% per annum from January 22, 2018 to February 21, 2018, and the following.
Reasons
1. Facts of recognition;
A. C signed a supply contract with the Defendant on August 10, 2016, with the trade name of “D” (the person who actually carried out the business) and supplied the packaging boxes to the Defendant. The Defendant did not receive KRW 80,129,540 out of the total price of the package boxes supplied from September 8, 2016 to January 7, 2018.
B. On January 11, 2018, C transferred the claim amounting to KRW 73,518,940 out of the price of the said goods to the Plaintiff, and notified the Defendant of the assignment of the said claim by content-certified mail with a fixed date. The above notification was served on the Defendant on January 15, 2018, and the Defendant additionally transferred the claim amounting to KRW 6,750,000 out of the price of the said goods to the Plaintiff on January 22, 2018, and notified the Defendant of the fact of the assignment of the said claim by mail with a fixed date-certified contents certification, and the above notification was served to the Defendant on January 24, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness F, testimony of C, purport of whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 80,268,940 (i.e., KRW 73,518,940, KRW 6,750,000) and damages for delay calculated by the rate of 5% per annum as prescribed by the Civil Act from January 22, 2018 to February 21, 2018, which is the delivery date of a copy of the complaint sought by the Plaintiff.
B. The defendant's assertion 1 argues to the effect that "A cannot respond to the plaintiff's claim, as C has transferred the price claim without the defendant's consent despite the existence of a special agreement prohibiting transfer."
According to the statement of Eul evidence No. 5, Article 10 of the Purchase Supply Contract prepared between the defendant and C is transferred or secured by the claim under this contract to a third party without the consent of the defendant.