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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around May 2010, the Defendant entered into a contract with a male tideland Co., Ltd. (hereinafter “Namsung”) to arrange for the carriage of the Defendant’s exported cargo, and the Defendant to pay the freight forwarding charges.
Since May 2010, 2010 to July 2010, 348,030,880 won as a result of performing the freight forwarding service under the above contract, a male local government has acquired a claim for freight forwarding fee equivalent to KRW 348,030,888.
B. On March 11, 2013, Bigos Plastics Co., Ltd. (hereinafter “bigosics”) was issued a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 51,14,532, among the transport cost claim claim that the debtor male branch against the defendant by the Seoul Western District Court 2013TTT3162, and the debtor male branch office was issued with respect to the third debtor, and the seizure and collection order was served to the defendant on March 15, 2013.
C. On March 17, 2016, bigos entered into a contract between the Plaintiff and the Plaintiff on the assignment of claims between KRW 51,144,532 based on the seizure and collection order of this case and its interest and delay damages, and notified the Defendant of the assignment of claims.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Eul 1-1 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff asserts that the Defendant is liable to pay KRW 51,144,532 to the Plaintiff, since the Plaintiff acquired the claim of KRW 51,144,532 against the third obligor, a male obligor, who is the claim subject to the seizure and collection order of this case, from the Bigic Plastics.
On March 17, 2016, the object of the assignee-do contract concluded on March 17, 2016 between the Plaintiff and the Bigos shall be deemed to be the collection right in accordance with the seizure and collection order in this case, and even if there was a collection order in respect of monetary claims, it shall be deemed to have been issued.