청구이의
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The Defendant asserted on September 13, 2016 that the Plaintiff acquired the instant claim from B Co., Ltd. (hereinafter “B”), and applied for a payment order against the Plaintiff for the payment of the purchase price of KRW 31,217,150 against the Plaintiff, and received an order for the payment of the instant claim from the Suwon District Court. However, the Plaintiff agreed to set off the Plaintiff’s claim against B before the Plaintiff’s default, namely, B’s representative director C and B’s claim against the Plaintiff ( KRW 31,217,150), and the Plaintiff’s claim for the return of the deposit against B ( KRW 30,00,00) against the Plaintiff at an equal amount. Accordingly, according to the Plaintiff’s allegation that the Defendant’s compulsory execution against the Plaintiff on the payment order of the instant goods remains in excess of the remaining amount of claims, the Plaintiff’s claim for the payment order of KRW 1,217,150 should be acknowledged as having been transferred to the Plaintiff on an equal amount of KRW 300, as evidence 160.