1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff has been engaged in the transaction of the supply of automobile parts with C who operated the plaintiff's parts agency in the trade name B, and around October 2015, C became bankrupt due to financial deterioration.

Accordingly, on October 5, 2015, the Plaintiff and C entered into an agreement on the assignment of claims with the purport that the Plaintiff will take over the unpaid credit sales claims from July 1, 2014 to September 30, 2015 (hereinafter “transfer claims”).

C On October 5, 2015, notified the Defendant that the instant transfer claim was transferred to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's assertion as to the ground of claim as to the whole purport of the argument as to the ground of claim. Since Eul acquired credit sales claims against the defendant from Eul, the defendant is obligated to pay the plaintiff the above credit sales amount of KRW 508,00,000 and delay damages.

Judgment

Since the assignment of claims is transferred from the transferor while maintaining the identity of the claims, the plaintiff claiming the right by the assignment of claims shall prove that there is a claim subject to the transfer.

However, comprehensively taking account of the overall purport of each statement and argument in Eul evidence Nos. 1 through 7 (including the number of branch numbers), the defendant purchased automobile parts from Eul in the manner of receiving automobile parts at a discounted price from July 2014 to September 2015, and Eul received goods at a discounted price; while selling goods during the above period, Eul supplied goods to the defendant for a low amount of money; and from September 2015, it did not supply goods from the defendant from September 2015; the total amount of goods that the defendant paid to Eul was KRW 2,019,850,000; the total amount of goods that the defendant paid to Eul was KRW 1,841,51,100; and the defendant was the defendant on September 8, 2015 and the defendant on September 3, 2015.