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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company whose purpose is plastic wholesale and retail business, etc., and the Defendant is a company with the purpose of selling automobiles and related parts, and A (hereinafter “A”) is a company with the purpose of manufacturing automobile parts.
B. The Plaintiff traded plastic supply with A.
The defendant supplied A with raw materials for automobile parts and traded the vehicle parts processed by A in the form of supply.
C. On April 28, 2016, the Plaintiff entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with respect to which A is assigned KRW 239,087,600 (total amount of tax invoices in February, March, and April, 2016) with respect to goods purchased by A against the Defendant.
The main contents of the assignment contract of this case are as follows.
Article 1 [Transfer Claim] A transferred the following claims against the Defendant to the Plaintiff as collateral, and the Plaintiff acquired them.
A is liable for the performance of the total amount of claims by April 28, 2016, and for all goods-price obligations additionally supplied from May 1, 2016:
-On the basis of the goods supply contract entered into between A and the Defendant, the closed company of the assignment notice of claims amounting to KRW 239,087,60 (total tax invoice amount of February, March, 2016) that the Defendant has to pay to A, shall notify the Plaintiff of any of the following claims currently or future with A:
- Total - - Amount: Amount of KRW 239,00,000 (including VAT) of KRW 239,087,600 (including MAT 2): February, March, and April 2016: A transfer notification person and transferee of plastic raw materials: the Plaintiff:
D. Around June 24, 2016, the Plaintiff sent a notice of assignment of claims to the Defendant as follows, and the Defendant received a notice of assignment of claims on or before June 27, 2016.
(e) The relationship between the defendant and A shall be monthly.