1. The plaintiff's claim is dismissed.

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

Facts of recognition

On February 28, 2014, the Plaintiff acquired 70,000,000 won of the acquisition price by transfer between the Defendant and the Defendant, a creditor equivalent to KRW 1.3 billion of the total amount of the claim, but the down payment is KRW 67,70,000,000,000 on the date of the contract, and the remainder of KRW 63,000,000,000, was entered into a claim transfer and takeover contract (hereinafter “the first contract”) with the Defendant, and paid the down payment to the Defendant on the date of the contract.

According to the first contract, after the plaintiff paid the acquisition price of the claim in full, the defendant set forth that the defendant will give notice of the assignment of claims and the procedure for the transfer of registration of the right to collateral security to be transferred, and the termination of the contract and the provisions related

Article 8 (Cancellation of Contracts and Estimated Amount of Damages) (1) If a plaintiff fails to perform his/her duty to pay money, he/she shall be automatically released at his/her option without a separate peremptory notice or written notice.

(2) Where this contract is terminated pursuant to paragraph (1), the down payment that the plaintiff paid to the defendant shall revert to the defendant as a penalty.

By April 10, 2014, the scheduled date for the remainder payment, the Plaintiff paid only KRW 100,000,000,000, which is part of the remainder amount of KRW 6.3 billion under the above contract, and delayed the payment of the remainder KRW 5.3 million. On the same day, the Defendant notified the Plaintiff that the first contract was automatically rescinded pursuant to Article 8(1) of the contract.

Accordingly, on April 11, 2014, the Plaintiff entered into a claim transfer contract (the second contract) with the Defendant with the purport that the same subject claim shall be paid by the transfer price of KRW 652 million, the down payment of KRW 52 million, the remainder of KRW 52 million, and the remainder of the contract shall be paid by April 18, 2014, and the said down payment was paid to the Defendant.

At the time of concluding the second contract between the parties, the following agreements are added to paragraph 7 of the special agreement, while the defendant is a down payment in relation to the first contract.