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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B transferred KRW 100,000 to C’s account on December 15, 2015, and KRW 300,000 to C’s account on December 23, 2015, respectively.
B. On August 29, 2016, the Defendant was established in installments from New Zealand industry.
C. On April 7, 2017, B entered into a contract on the assignment of claims with the purport that the Plaintiff and the Defendant transfer KRW 210 million out of KRW 400 million to the Plaintiff (hereinafter “instant contract on the assignment of claims”) and notified the Defendant of the assignment of claims around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion B lent KRW 300 million to New Zealand, and repaid KRW 100 million to New Zealand, instead of KRW 100 million, and thus, a total of KRW 400 million loans and claims for reimbursement to New Zealand industry exist. The Defendant, established by division from New Zealand industry, is obligated to repay the above loans and claims for reimbursement to B pursuant to Article 530-9 of the Commercial Act.
However, according to the claim assignment contract of this case, the Plaintiff acquired the above KRW 400 million loan to the Defendant of this case and the claim of KRW 210 million out of the claim for indemnity, and the Defendant is obligated to pay the Plaintiff KRW 210 million and the damages for delay.
B. The facts of remitting KRW 100 million to C’s account on December 15, 2015, and KRW 300 million to C’s account on December 23, 2015 are as seen earlier.
However, the defendant bears the obligation of KRW 100 million to C, and the defendant pays it to C on behalf of the defendant.
In light of the fact that there is no objective data, such as a loan certificate or receipt, which can be recognized that B lent the above KRW 300 million to New Zealand, and that B and New Zealand are expected to have made a large number of monetary transactions before and after, in addition to the remittance recognized earlier, the above facts recognized.