1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion C Co., Ltd (hereinafter “C”) agreed to supply aggregate to the Defendant and supplied aggregate equivalent to KRW 35,006,40 (including surtax).

The plaintiff acquired the above aggregate proceeds claim from C (hereinafter "the aggregate proceeds claim of this case"), and since the defendant consented to the assignment of the claim, the defendant is obligated to pay the above 35,006,400 won and damages for delay to the plaintiff.

B. Determination 1) The Plaintiff in a lawsuit claiming a takeover amount must prove the existence of a claim for takeover amount, and prove the existence of a sales contract in a case where a claim for takeover amount is a claim for purchase amount. (2) According to each of the evidence Nos. 1-1, 2-1, and 2-2 of the evidence No. 1-1, 2017, the Plaintiff and C have concluded a claim transfer and takeover contract on the claim for aggregate amount to be supplied and paid by C to the Defendant on April 28, 2017 (hereinafter “instant contract”). The Defendant affixed the lower end of the instant contract, and C sent to the Plaintiff a document of the title “B B B B B from May 3, 2017 to 20 from May 3, 2017, C notified the Defendant that the Defendant supplied aggregate amount equivalent to KRW 31,824,000 (Additional tax rate) to other companies, and the Plaintiff refused to pay the Plaintiff’s aggregate amount on the ground that the Plaintiff’s claim was paid the Plaintiff’s aggregate amount.

3) However, in light of the following facts and circumstances acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in the evidence Nos. 1 to 3 (including branch numbers) of Eul, the defendant is a corporation D (hereinafter “D”).

As it appears that aggregate has been supplied from the Plaintiff, the above recognition alone is the fact that the Plaintiff entered into the instant contract with C and the Defendant “C, 2017.”