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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On November 16, 2012, the Defendant entered into a contract on the assignment of claims with the purport of taking over KRW 37,276,000 out of the transport expense claim against the Plaintiff of Heungung Logistics (hereinafter “instant contract on the assignment of claims”) from May 2012 to July 2012, the Defendant notified the Plaintiff of the said assignment of claims on November 19, 2012.
B. On January 19, 2012, Japan transported freight as to products produced at the factory of Korea rink Co., Ltd. (hereinafter “Korea rink”) from around October 31, 2012 to October 31, 2012, and issued a tax invoice according to the transaction several times.
C. The Defendant filed an application against the Plaintiff for a payment order that serves as the cause of the claim for the above transfer money under the Suwon District Court Ansan Branch 2013 tea184. On January 14, 2013, the said court rendered an order for payment to the effect that “the Plaintiff shall pay to the Defendant the amount equivalent to 37,276,000 won and the rate of 20% per annum from January 31, 2013 to the date of full payment, and shall pay the expenses for demand procedure (hereinafter “instant payment order”), and the said payment order was finalized on April 26, 2013.
The Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claims against the Industrial Bank of Korea as the title of execution of the instant payment order under the Cheongju District Court 2013TTTT1297, and the said court rendered a ruling of seizure and collection order as to the said deposit claims on May 15, 2013.
(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.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 5, Gap evidence 4-1 to 7, Gap evidence 8-1, Eul evidence 1-1, and the purport of the whole pleadings.