1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who runs a gold business, such as surface treatment, with the trade name “B,” and traded D and September 8, 2016, which delivers a communications antenna, etc. with the trade name “C”.

B. The Plaintiff owned KRW 159,724,40 on D’s surface treatment cost claim, but failed to pay D’s payment, and received a payment order and a provisional attachment order against D around October 2016.

C. On November 3, 2016, the Plaintiff entered into an agreement on the assignment and takeover of claims between D and D with the content of transferring and taking over KRW 159,724,400 among the price bonds for the supply of goods possessed by D to the Defendant.

On December 2, 2016, the Plaintiff requested the Defendant to pay the acquisition amount, and the Defendant paid KRW 57,665,359 to the Plaintiff on December 2, 2016, on the ground that the amount payable to the Plaintiff would be KRW 57,65,359 if the Plaintiff deducted the delayed performance of D from the delayed performance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, and 9, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion D has a claim against the Defendant for the purchase price of goods. The Plaintiff transferred KRW 159,724,40 among the unpaid claim for the purchase price of goods from D to the Defendant, and notified the Defendant of the transfer, and only received KRW 57,65,359 from the Defendant.

Therefore, the defendant, who is the debtor, is liable to pay the remaining acquisition amount of KRW 102,059,041 to the plaintiff as the transferee of the claim and delay damages therefor.

B. The defendant alleged that the defendant entered into four purchase contracts with D, but actually received only a part of the goods under one contract.

At the time of entering into a purchase contract, the Defendant and D determined the liquidated damages at 0.3% per day and the contract deposit at 10% per day, and there is no penalty for delay and the contract deposit at the price of the goods to be paid to D by the Defendant.

Because of goods related to C, the defendant paid 261,662,920 won for liquidated damages to EFel Telecom Co., Ltd., the original owner, and liquidated damages for delay.