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1. The Defendant: KRW 39,422,516 on the Plaintiff and KRW 5% per annum from August 19, 2013 to June 11, 2014.
Reasons
1. Facts of recognition;
A. The Defendant, on November 16, 2012, did not receive KRW 37,276,000 from May 5, 2012 to July 2012 regarding the transportation expense claim against the non-party limited liability company (hereinafter “Japan”) and entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with the Plaintiff on November 19, 2012.
B. On January 1, 2012, Japan entered into a cargo transport contract for all products generated in the factory of Korea rink Co., Ltd. (hereinafter “Korea rink”), and accordingly, issued a tax invoice for the transaction several times from May 30, 2012 to October 31, 2012.
C. The Defendant filed an application against the Plaintiff for a payment order with the Suwon District Court Ansan Branch No. 2013 tea184, Jan. 14, 2013 (hereinafter “instant payment order”), and the said court rendered a payment order with the purport that “the Plaintiff shall pay to the Defendant KRW 37,276,00 and the amount at the rate of 20% per annum from January 31, 2013 to the date of full payment, and shall pay KRW 42,720 (hereinafter “instant payment order”). The instant payment order was finalized on April 26, 2013.
The Defendant applied for a collection and seizure order against the Plaintiff’s deposit claims against the Industrial Bank of Korea under the Cheongju District Court Assistance 2013Tju District Court Assistance 2013Tari1297 by designating the title of the instant payment order as the title of execution. On May 15, 2013, the said court rendered a decision to seize and collect the claim against the said deposit claims.
(hereinafter referred to as “instant seizure and collection order” e.
According to the instant seizure and collection order, the Industrial Bank of Korea paid KRW 39,422,516 among the Plaintiff’s deposit claims to the Defendant on August 19, 2013.
[Ground of recognition] Evidence No. 1, 5, Evidence No. 4-1 to 7, Evidence No. 8-1, and evidence No. 1-2.