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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is that C(D) has a claim for the supply price of goods (hereinafter “instant claim”) against the Defendant (E operation) by October 18, 2019, and the Plaintiff acquired the instant claim from C on October 18, 2019 and notified the Defendant on October 25, 2019. As such, the Defendant is obliged to pay the Plaintiff the said claim amounting to KRW 36,537,039 and delay damages.
The defendant's assertion is that the defendant was supplied with a dead body marr by C and supplied it to F, which is the original contractor, on July 26, 2019. The defendant confirmed that there was a defect such as water leakage in the above dead body marr on July 26, 2019, and that the defect repair cost is 42,460,000 won (including value-added tax). Thus, if the above defect repair cost claim is offset against the claim of this case, the defendant did not pay the amount to the plaintiff.
2. In full view of the facts without dispute over determination, the facts that the Plaintiff acquired the instant claim from C on October 18, 2019, and that the Defendant was notified on October 25, 2019, after taking over the instant claim from C on October 25, 2019.
Meanwhile, comprehensively taking account of the following facts and circumstances acknowledged according to the respective descriptions, images, and the purport of the entire pleadings, the Defendant had the Plaintiff’s claim for defect repair expenses amounting to KRW 42,460,000 against C around July 26, 2019, prior to the date of acquisition of the instant claim.
In addition, the defendant expressed his/her intent to offset the above defect repair cost claim (i.e., automatic bond, 42,460,000 won) by the delivery of the written reply from December 16, 2019 within the equivalent amount with the claim of this case (passive bond, 36,537,039 won). Thus, the defendant did not have any money to be paid to the plaintiff.
① The Defendant supplied the body fluids supplied by C to F, the original business entity, and around July 26, 2019, the quality problem is that it confirms the existence of defects, such as leakage, etc. in the above body fluids at the request of the said original business entity.