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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Case summary
A. On February 11, 2020, the Plaintiff acquired KRW 34,819,537 from C Co., Ltd. (hereinafter “instant company”) the transport payment claim for October and November 2019 against the Defendant of the instant company (the Plaintiff’s repayment claim against the instant company). The fact that the instant company notified the Defendant of the transfer on February 25, 2020, that the Defendant did not dispute between the parties, or that it was recognized by comprehensively taking account of the overall purport of the pleadings as set forth in subparagraphs 2 through 4.
B. Accordingly, the Plaintiff seeks payment from the Defendant for the above-mentioned claim.
On the other hand, the defendant asserts that the above transport cost claim was extinguished by the offset against the loan claim of KRW 60,000,000 against the company of this case.
The plaintiff asserts that the loan claims asserted by the defendant are not against the company of this case, but against the representative (in-house director) D of the company of this case.
2. Determination
(a) The transferor cannot set up against the obligor unless the obligor has notified the obligor of a nominative claim or consented by the obligor;
(Article 450(1) of the Civil Act. Upon receipt of a notice of the assignment of a claim, the debtor may set up against the assignee for the reasons that occurred to the transferor until that time (Article 451(2)), and even if there are not yet set-off circumstances, if there are grounds that could have already been set-off in the event that there are grounds that do not exist such grounds, the debtor may set-off against the transferee
(see, e.g., Supreme Court Decisions 99Da18039, Aug. 20, 199; 2017Da222962, Jun. 27, 2019). (B)
The following may be revealed in full view of Gap evidence 6, 7 evidence, Eul evidence 1 to 3, 6 through 8 (if any, including evidence number; hereinafter the same shall apply) and witness D, E, and F testimony, as a whole, the whole purport of the pleadings:
1) The instant company was established on April 17, 2019, and its establishment and actual operation were the representative (the husband of the internal director D).