2. The costs of lawsuit shall be borne by the Plaintiff.

A. The non-party C Co., Ltd. (hereinafter “C”) was engaged in the transaction of bills with the Defendant who had sold medical instruments in the name of “D.” As the bill issued by the Defendant was defaulted in around 1994, C had the claim against the Defendant for the amount of KRW 391,682,580.

B. On November 2, 1998, the defendant prepared a letter to the non-party E, the representative director of C, that he would settle the claim against the non-party E when the defendant's claim against the non-party F was settled.

C. On April 17, 2013, the Defendant remitted KRW 30,000,00 to the account in the name of Nonparty G, a child of E (child).

C On November 30, 2013, the Plaintiff, a partner of E, transferred KRW 361,682,580 (hereinafter “instant bonds”) among the amount of promissory notes issued by C against the Defendant, and E notified the Defendant on July 25, 2016, and the said notification reached July 26, 2016.

E. On September 18, 2015, the Defendant remitted KRW 30,000,000 to the account in the name of G.

F. From October 15, 2015 to July 15, 2016, the Defendant paid KRW 13,696,940 to Nonparty H in the form of salary.

[Ground of recognition] The facts without dispute, Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply), Gap evidence 6-1, Gap witness E's testimony, the purport of the whole pleadings

2. If so, barring any special circumstance, the Defendant, a debtor, is liable to pay to the Plaintiff, the assignee of the instant claim, the amount of KRW 43,696,940 (30,682,580,000,H wage of KRW 13,696,940, which was September 18, 2015) subtracted from the remainder of KRW 317,985,640 (361,682,580 - 43,696,940), and delay damages therefrom.

3. Judgment on the defendant's defense, etc.

A. As to the assertion that the assignment of claims is null and void, the Defendant 1, and C was merged with C on May 6, 2008 and extinguished to C on May 6, 2008, and thus C’s claim against C.