1. Of the judgment of the first instance, the Plaintiff’s KRW 279,200 against the Defendant and the Plaintiff’s objection thereto from February 2, 2019 to October 22, 2020.

1. Basic facts

A. The Defendant was supplied with books by C (hereinafter “C”) in operating the book distribution business, etc.

B. On July 1, 2014, C issued to the Plaintiff a promissory note with a face value of KRW 290,000,000 and issued to the Plaintiff a notarial deed recognizing that a compulsory execution shall be conducted immediately (No. 759, 2014).

C. On July 6, 2018, the Plaintiff was issued an assignment order as to the claim for the payment of goods against the Defendant in Suwon District Court, Sungwon District Court Branch, Sungwon District Court Branch, Sungwon District Court Branching KRW 3,900,000 (hereinafter “Plaintiff’s assignment order”). On July 10, 2018, the Plaintiff’s assignment order was served on the Defendant on July 10, 2018, and was finalized on December 11, 2018.

On the other hand, as of December 23, 2015, C’s claim for the price of goods against the Defendant is KRW 4,607,600.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the issue

A. According to the facts found in the instant case’s key issue, since the Plaintiff’s assignment order was lawfully issued and confirmed, the existence and scope of the Plaintiff’s assignment order against C is the key issue of the instant case, based on the time the assignment order is served on the Defendant.

B. The Defendant’s assertion 1) The Plaintiff’s claim 1) KRW 290,00,000 against C is a false bond and a promissory note with a face value of KRW 290,00,000 issued by C on July 1, 2014 is issued falsely. Thus, the Plaintiff’s assignment order based on an invalid enforcement bond is also null and void.

B) C’s KRW 3900,000,000 out of the claim for the price of goods as of December 23, 2015, is a stock company E (hereinafter “E”).

The books equivalent to KRW 3,290,300 have been transferred to E according to the assignment order of E, and the books equivalent to KRW 3,290,300 have been returned to C from December 23, 2015 until the Plaintiff’s assignment order has been issued, and the deposit money shall be deducted.

Each of the above.