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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. A. Around May 2016, the Defendant was awarded a subcontract for the manufacture and installation of ININE equipment Conveyor (hereinafter “instant product”) from among machinery equipment ordered by C Co., Ltd (the trade name was changed to D Co., Ltd. around September 2016, and it was changed to E Co., Ltd. on June 19, 2018; hereinafter “C”).
B. On May 26, 2016, the Defendant entered into a purchase agreement with G Co., Ltd. (hereinafter “G”) on the terms that the instant product was supplied from G to July 31, 2016 and the price of KRW 600,000,000 (value-added tax separate) shall be paid to G as follows (hereinafter “instant purchase agreement”), and paid advance payment to G.
(1) Advance payment (30%) Payment in cash as of the end of the month after the completion of the contract. (2) Payment in cash as of the end of the following month after the completion of the contract. The payment in cash is made as of the end of the following month after the completion of the contract.
C. At the end of July 2016, G completed the manufacture of the instant product, and around November 2016, G completed the installation of the instant product at a place designated by the Defendant and received intermediate payment from the Defendant. On July 2017, G received KRW 60,000 out of the remainder upon requesting the Defendant to pay part of the remainder.
G around October 6, 2018, the Plaintiff transferred the claim of KRW 60,000,000 to the Defendant under the instant purchase agreement, and the notification of the transfer of the claim to the Defendant on October 11, 2018 was delivered on October 12, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence No. 2-2, Eul evidence No. 8, witness H's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff lawfully acquired the claim for the purchase price of goods against G’s Defendant under the instant purchase agreement. As such, the Defendant transferred the above purchase price of KRW 60,000,000 to the Plaintiff, and the following day after the arrival date of notification of the assignment of the claim, after October 13, 2018.