A. On December 30, 2015, the Plaintiff prepared a claim transfer and takeover contract with E (the representative F, hereinafter “E”) on KRW 47,775,450 of the purchase price claim against E with the Defendant.

B. E notified the Defendant of the assignment of claims immediately after the above transfer contract.

[Defendant is not a third party under Article 450 (2) of the Civil Code, and it does not need a certificate with a fixed date in the notice of assignment of claims]

C. On January 2016, the Plaintiff traded goods worth KRW 33,055,740,000, since trading goods with the Defendant amounting to KRW 7,167,170.

[Defendant recognized only the first transaction of KRW 7,008,420 on March 2016. However, upon the submission of Gap evidence No. 12, the Defendant recognized all the transaction since January 2016 (the preparatory document dated May 17, 2018) 【Evidence Evidence Evidence Nos. 1 through 14, and witness F】

2. Assertion and determination

A. As to the instant case for which the Plaintiff’s assertion of both parties remains at KRW 47,775,450 and KRW 33,05,740,00, the sum of KRW 80,831,740, and KRW 80,831,190, the Defendant asserts that, from January 2015 to December 2015, the amount of KRW 95,64,60, out of KRW 98,330,90, and the amount of KRW 2,686,30 remains at KRW 2,686,30, and that, from January 2016 to June 2016, the Plaintiff and the amount of KRW 33,05,740 remain at KRW 32,45,740, and the amount of the unpaid amount remains at KRW 32,28,320,320,02.

B. (1) There is no direct evidence to acknowledge that the claim for the price of goods against the Defendant E at the time of the contract for the transfer and takeover of the claim is KRW 47,775,450.

However, even after the Defendant started transactions with the Plaintiff from January 2016, in light of the fact that the Defendant remitted KRW 15,445,300 to E as of January 7, 2016, and KRW 10,000,000 on February 26, 2016 (Evidence 2), it can be recognized that the Defendant’s claim for the purchase price of goods against the Defendant E is KRW 47,75,450 according to the witness F’s testimony and the statement in Evidence 1 (Evidence 2).

The Defendant, when calculating the sum of the debt, remitted to E the KRW 15,445,300 on January 7, 2016, and KRW 10,000 on February 26, 2016.