1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 13, 2010, the Defendant entered into a contract with the Korea Heavy Industries Co., Ltd. (hereinafter “Korea Heavy Industries”) on the collection and sale of earth and rocks, and paid KRW 110 million as security deposit.

B. On August 4, 2014, the Plaintiff prepared a written confirmation of change containing the following: (a) payment of KRW 112 million in total to the Defendant; (b) payment of KRW 100 million in total; and (c) payment of KRW 12 million in total where the contract is terminated or destroyed due to any cause attributable to either of the parties to the contract; and (d) payment of the written confirmation of change, including “All contracts are null and void.”

(hereinafter referred to as “instant agreement”). C.

On August 12, 2014, the Plaintiff entered into a contract with the Defendant for transfer or acquisition of the claim amounting to KRW 112 million (hereinafter “instant claim”) payable to the Defendant by Korea Heavy Industries under the agreement between the Defendant and December 13, 2010 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The term "transferor" refers to the defendant, the "assignor", the plaintiff, and the "third obligor". The detailed contents refer to the evidence A No. 4. A of the contract for the transfer of bonds.

1. The transferor shall hold to the garnishee the following claims:

On December 13, 2010 between the garnishee and the transferor on December 13, 2010, the amount of KRW 112,000,000 that the garnishee shall pay to the transferor pursuant to an agreement of deposit.

2. The transferor confirms that the claim under the above paragraph (1) does not have any grounds (except for the fact that the garnishee has failed to pay) that the transferor would set up against the transferor.

On August 12, 2014, the Defendant notified the Korea Heavy Industries of the assignment of the said claim, and on November 24, 2014, the Korea Heavy Industries sent to the Plaintiff a certificate of content that “I recognize the fact that the contract was entered into with the Defendant, but I inform the Defendant that the Defendant’s claim does not exist because the Defendant did not perform the contract.”

E. On March 17, 2015, the Defendant transferred the instant claim from the Plaintiff, and then applied for a payment order against the Korea Heavy Industries, the Gwangju District Court, the Jindo-gun Court, the Jindo-gun.