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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
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, published in Japan, and translated the said books into Korean. The Defendant was supplied with books by C while operating the book distribution business.
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 a compulsory execution shall be conducted immediately (No. 759, 2014, a notary public).
C. H’s Claim and Assignment Order 1) H Co., Ltd. (hereinafter “H”)
(1) From November 18, 2015 to December 23, 2015, C has transferred KRW 30 million to C’s account. On December 23, 2015, C has obtained a promissory note No. 380 million in face value (No. 820, 2015) from C to receive KRW 300 million in face value (No. 260,000,000 in face value) from C’s assets and liabilities (No. 205,000,000 won in total) from 222,320 won in transactions with the Defendant, and 205,000 won in face value as of December 23, 2015 (No. 206,000 won in face value) from C’s 205,000 won in face value as of December 36, 2016.
H On February 29, 2016, Suwon District Court Branch 2016, based on the duly enforceable authentic copy of a notarial deed under C’s executory title 2016TT 1646, 400.