1. The Defendant shall pay to the Plaintiff KRW 36,483,185 and the interest rate of KRW 15% per annum from February 17, 2017 to the day of complete payment.

1. In full view of the purport of the entire arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff sold oil to the defendant from January 2, 2016 to December 31, 2016, and the fact that the unpaid price was 36,483,185.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 36,483,185 won of the unpaid oil payment and damages for delay calculated at the rate of 15% per annum from February 17, 2017 to the day of full payment, which is the following day after a duplicate of the application for the payment order in this case is served on the defendant, unless there are other special circumstances.

2. As to the defendant's argument, the defendant asserts that since the defendant transferred the defendant's claim against the third party to the plaintiff instead of paying 15 million won out of the above oil price to the plaintiff, the above 15 million won should be extinguished by repayment and the unpaid oil price remains 21,483,185 won.

However, the plaintiff asserts that he received the claim in order to secure the above oil payment claim, and there is no evidence to prove that the plaintiff acquired the claim from the defendant as a substitute for repayment of the above oil payment obligation. Thus, the above claim by the defendant is groundless since the above oil payment obligation cannot be deemed to have been extinguished.

(3) The plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all participating Justices. (1) The plaintiff is entitled to receive the payment from the defendant or the debtor of the claim subject to the assignment of the claim, and there is no authority to receive the payment in duplicate.