1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On December 30, 2015, the Plaintiff drafted a bond transfer and takeover contract, which takes over KRW 47,775,450 from E Co., Ltd. (hereinafter “E”)’s claim for the price of goods to E from E. (hereinafter “E”).

B. In January 2016, the Plaintiff traded goods worth KRW 33,055,740,000, since trading goods with Defendant 7,167,170.

C. On January 7, 2016, the Defendant remitted KRW 10,000,00 to E, and KRW 7,008,420 on February 26, 2016, and remitted to the Plaintiff KRW 7,008,420 on April 7, 2016.

[Ground of recognition] Facts without dispute, entry of Gap 3, 6 through 10, 13, and 14, entry of Eul 1 and 2, testimony of witness F and purport of the whole pleadings

2. The parties' assertion

A. At the end of 2013 H, operated by G, Plaintiff E, at the time of the completion of its business, had the outstanding amount of KRW 15,806,950 against the said corporation G, and the Defendant decided to pay the outstanding amount to E as its own outstanding amount. At the end of 2015, Plaintiff E transferred the outstanding amount of KRW 15,80,950 to the Plaintiff the outstanding amount of KRW 47,775,450 against the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum totaling KRW 47,775,450 and KRW 33,05,740 for the purchase price of goods newly traded between the Defendant and the Plaintiff, except for the amount repaid by the Defendant, KRW 48,377,470, and damages for delay.

B. Although Defendant E did not have any outstanding claim against Defendant E Company G, the short-term extinctive prescription of three years was completed even if the said claim is recognized.

The defendant did not take over 15,806,950 won of the outstanding amount of G Co., Ltd. and did not receive notification of the transfer of claims, so the assignment contract between the plaintiff and E cannot be invalidated or set up against the defendant.

The Defendant paid KRW 15,445,300 to E on January 7, 2016 is the Defendant’s repayment of the Defendant’s obligation for the payment of the goods in November 2015 and December, and thus, the Defendant is no longer payable to E.