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(영문) 서울중앙지방법원 2020.08.20 2020나2259
전부금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

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 received an order for the entire claim against the Defendant by Sungwon District Court Branching Sungnam Branching 2018T as Sungwon District Court Branching 2018TT66, with the amount of KRW 500,000,00. The assignment order was served on the Defendant on July 10, 2018, and became final and conclusive on December 11, 2018.

Meanwhile, as of December 23, 2015, C’s claim for the price of goods against the Defendant is KRW 1,211,700.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 5 (Evidence with a tentative number includes a Serial number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment on the issue

A. In full view of the facts acknowledged above, the Plaintiff’s assignment order was lawfully issued and confirmed, and the existence and scope of the Plaintiff’s assignment order against the Defendant at the time when the assignment order was served to the Defendant is the issue of this case.

B. The parties’ assertion 1) The Defendant’s claim C is as follows: KRW 500,000 out of the claim for the purchase price of the goods as of December 23, 2015, as of December 23, 2015.

(2) From December 23, 2015, the Plaintiff’s assignment order of E was transferred to E, and returned to C more than KRW 327,600,00 from December 23, 2015, to the time the Plaintiff’s assignment order was served on the Defendant, and the deposit amount of KRW 500,000 should be deducted. On December 23, 2015, the Plaintiff’s claim for the purchase price of goods as of December 23, 2015 against the Defendant was entirely extinguished before the Plaintiff’s assignment order was served. (2) The Plaintiff’s assignment order of E was based on the Plaintiff’s issuance of promissory notes against C.

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