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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On November 10, 2017, the Plaintiff acquired C’s claim against the Defendant on the condition that C’s bankruptcy trustee D obtained permission from Part 21 of the Seoul Rehabilitation Court.
B. Part 21 of the Seoul Rehabilitation Court permitted the application for permission to sell the above sold bonds on November 13, 2017.
C. On December 7, 2017, the Plaintiff notified the Defendant that C received KRW 22,287,90,00, such as the price of goods, against the Defendant, and sent the notification to the Defendant on December 8, 2017.
[Grounds for recognition] The descriptions of Gap 1, 2, and 4 and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above amount of KRW 22,287,90, and damages for delay thereof, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. As to this, the defendant asserts that there is no obligation any longer by repaying all obligations to C.
In other words, the defendant paid the above amount of 22,737,00 won, which was 22,737,000 won from the current status of transactions by year C submitted by the defendant, among the current status of transactions by year C submitted by the defendant, and the defendant submitted a deposit statement (Evidence B No. 1; hereinafter "the deposit statement of this case"), but the plaintiff did not receive the above amount of money.
In full view of the following circumstances, it is insufficient to acknowledge that the Defendant paid the above KRW 22,737,00 on the deposit basis of the instant deposit slip alone, and there is no evidence to acknowledge otherwise.
① A person who was in charge of the supply of goods in C, and the Defendant, while preparing the deposit sheet in this case, applied for E as a witness, but E was not in writing in the deposit sheet in this case.
2. The current status of transactions by C year submitted by the defendant shall be E by the representative of the defendant.