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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence No. 1-1-5, Gap evidence No. 2-2, 3, Gap evidence No. 3, 4, 5, Eul evidence No. 1, 2, 3, Eul evidence No. 4, 5-2, Eul evidence No. 4, 5-2, Eul evidence No. 8, 9, 10, and the whole purport of the pleadings.
On July 21, 2014, Korea Comprehensive Metal Co., Ltd. (hereinafter “Korea Metal”), the Plaintiff transferred the price of KRW 118,858,509 (including value-added tax) (including value-added tax) on June 30, 2014, the Korea Metal sales claim against the Defendant for the share of refrigering pipes, which was possessed by the Defendant.
(hereinafter “transfer of claim of this case”). B.
On July 19, 2014, the Defendant confirmed that he/she consented to the assignment of the instant claim and the notification thereof to the Korean Metal, and separately, the Korean Metal notified the Defendant of the assignment of the instant claim on July 21, 2014, and the said notification was delivered to the Defendant on July 22, 2014.
C. Meanwhile, on August 1, 2014, Korea Metal applied for the commencement of rehabilitation procedures at the Seoul Central District Court 2014 Gohap10093, and the said court had the same month.
5. The Korean metal business and assets and the comprehensive prohibition order was issued against rehabilitation creditors and rehabilitation secured creditors to prohibit compulsory execution based on rehabilitation claims and rehabilitation security rights, and the decision was rendered on the 19th of the same month to commence rehabilitation procedures.
On November 27, 2014, the above court rendered a decision to abolish the rehabilitation procedure on the grounds that the liquidation value of the Korean metal is higher than the continuous business value, and the above decision was finalized on December 12 of the same year.
On December 12, 2014, the above court declared the Korean Metal as bankrupt No. 2014Hahap185 on December 12, 2014, and appointed the Intervenor to the Intervenor as bankruptcy trustee.
E. Meanwhile, on August 14, 2014, the Defendant: (a) the amount of KRW 146,848,909 of the assignment of claims in this case, the amount of KRW 118,858,509, and the amount of goods supplied as a factory located in the Defendant’s inner factory, which was the amount of KRW 28,340,40,000, the Defendant assumed with respect to Korean metals under the jurisdiction of this Court No. 6758.