1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff has a claim for wage of KRW 79,400,000 against F, and the Defendant has a claim for loan of KRW 70,000 against F.

B. On December 10, 2013, F entered into an agreement on the assignment of claims between the Defendant and the non-party partnership to transfer the claim of KRW 70,000,000, which F had against the non-party partnership, to the Defendant, and on October 30, 2014, F notified the non-party partnership of the assignment of claims.

C. Meanwhile, the Plaintiff, the Defendant, and the F met only on June 11, 2014, and the Defendant delivered to the Plaintiff the documents containing the following phrases.

G A F B

D. The Defendant applied for a payment order (Seoul Western District Court 2014 tea6684) against the non-party partnership for the payment of the amount of the money that the non-party partnership did not repay to the non-party partnership, and the decision to recommend settlement (Seoul Western District Court 2015Kadan1447) that the non-party partnership pays the amount of KRW 56,70,000 to the Defendant by October 31, 2015 was finalized on September 2, 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, Gap evidence 6, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserts that, around the other hand, the defendant transferred KRW 40,000,000 to the plaintiff or agreed to pay KRW 40,000,000 to the plaintiff, among the claims for the takeover of the credit held by the defendant against the non-party partnership. Accordingly, the defendant agreed to pay KRW 40,00,000 to the plaintiff when the defendant received the claim for the takeover of credit from the non-party partnership by the end of June 2014. The defendant did not have the amount paid from the non-party partnership by the end of June 2014, and therefore, the above agreement is no longer effective.

B. The judgment is based on the following facts: (a) the Defendant transferred KRW 40,000,000 to the non-party partnership, without any condition, the Defendant’s claim against the non-party partnership.