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1.The judgment of the first instance shall be modified as follows:
The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 206,220,425.
Reasons
1. Basic facts
A. On August 19, 2002, A Co., Ltd. (hereinafter “A”) purchased the instant sales contract from the Korea Land Corporation (hereinafter “instant sales contract”) in the amount of KRW 362,412,00,000,000 (hereinafter “instant sales contract”) from Jeonju-gun, Jeonju-gun, Seoul (hereinafter “Seoul”) from the Korea Land Corporation, and agreed to return to A the amount calculated by deducting the contract deposit amount of KRW 362,412,00,00 and the expenses required for the restoration of ownership from the remaining amount after deducting the legal interest from the contract deposit of KRW 362,412,00.
B. The Plaintiff and A as a security for A to obtain a loan from the Plaintiff on March 29, 2004.
As stated in paragraph (1), A entered into a contract with the Plaintiff to transfer each of the above claims amounting to KRW 1.17 billion to KRW 1.7 billion and KRW 4.3 million in total (hereinafter the above claim amounting to KRW 1.177 billion and KRW 1.3 million in total to KRW 1.3 million in total (hereinafter the above claim amounting to KRW 1.177 million and KRW 4.3 million in total, to the Plaintiff.
C. According to the above transfer contract, the Plaintiff and A sent to the North Korean branch office prior to the Korea Land Corporation by facsimile of the Plaintiff. The North Korean branch office prior to the Korea Land Corporation prepared a written consent with the purport of accepting the assignment of the assignment, and then sent it to the Plaintiff by mail. A written consent (hereinafter “written consent of March 29, 2004”) states the subject and amount of the credit as “90 million won for general funds” and “three years for the credit,” but the transfer amount and the indication of the transferred credit amount are written as “three days for March 29, 2004” and the remaining one written consent (Evidence 13-2; hereinafter “written consent of September 1, 2004”) is written as “310,000,000 won for the transfer,” and the indication of the transferred credit amount and the date of the credit is written as “three years for the transfer of the credit” and “Seoul-do’s consent of September 29, 2004.”