beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of premise;
A. On March 20, 2018, H Co., Ltd. (mutual change with A Co., Ltd. on April 2, 2018) and F Co., Ltd. (hereinafter “F”) drafted a notarial deed stating that “F shall pay in installments by July 25, 2018, the amount of the transportation charge claim against F of H Co., Ltd, arising from February 2018 through May 2018, 2018, is KRW 2,575,949,17,” and the F shall pay in installments by July 25, 2018.”
B. H Co., Ltd. was merged with I Co., Ltd. on April 2, 2018. On April 30, 2018, I Co., Ltd. transferred a claim based on the said Notarial Deed to A Co., Ltd. (the same as the trade name before the establishment, and the change and dissolution of H Co., Ltd. on the same date) prior to the merger, and the said notification reached F on May 2, 2018.
C. The Defendant is a company that entered into an agency contract with F and paid fees to F while carrying on transportation business.
Before the merger, A Co., Ltd., on June 4, 2018, with F on the basis of the above notarial deed, as the debtor and the defendant as the third debtor, and with F as the third debtor, with respect to F's fee claim of KRW 50 million (including the portion that has already occurred or is scheduled to occur in the future) in relation to the seizure and collection order of the claim, hereinafter "the seizure and collection order of this case" is referred to as "the seizure and collection order of this case.
(e) On June 11, 2018, the above order was served on the Defendant on June 11, 2018. Before the merger, A Co., Ltd. was merged with the Plaintiff’s attorney-at-law on March 4, 2019. [The facts that there is no dispute over recognition, A Nos. 1 through 10, 14, 16, and the purport of the entire pleadings.]
2. Determination
A. According to the statement No. 1-4 of the evidence No. 1-6 of the judgment on the cause of the claim, the Defendant’s complete branch under a selective distribution agency contract runs its business from June 1, 2018 to June 30, 2018, thereby deducting the total amount of KRW 25,798,251 from the total amount of KRW 5,836,00, and the remainder of KRW 19,415,810, which is the remainder of KRW 19,415,810 from June 1, 2018 to July 31, 2018.