1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around March 2019, an attorney-at-law who was a bankruptcy trustee of C (Seoul Rehabilitation Court No. 2017Hahap19, which was declared bankrupt on February 27, 2017; hereinafter “C”) entered into a contract with the Plaintiff on the transfer of the claim of USD 115,834.67 against C (hereinafter “instant claim”).

B. On April 11, 2019, upon delegation by the foregoing trustee in bankruptcy who was the transferor, the Plaintiff notified the Defendant of the assignment of claims that “C transferred USD 374,878.67 that it had held against the Defendant, and all related rights,” and the Defendant received the said notification on April 15, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff asserts that C's acquisition of the instant claim against C by transfer of the claim and meets the requisite to set up against the assignment of the claim, and the defendant, who is the debtor, is obligated to pay the money stated in the claim to the plaintiff

However, according to each of the above facts and evidence Nos. 6, 7, and 2, 3, and 4, the debtor of the instant claim can be recognized as having been named as “E company” even in various documents related to the transaction as the Hong Kong corporation called “E company” rather than the defendant.

On the other hand, there is no assertion or proof as to the circumstance that the Defendant is liable to pay for the instant claim, and the Plaintiff’s assertion is difficult to accept.

(3) Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition by the court below.