1. The plaintiff's claim is dismissed.

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

1. The Plaintiff, from January 2016 to April 1, 2016, received a request from the Defendant for the carriage of the furnitures imported by Eios Co., Ltd. (hereinafter “Eios”) from the Defendant (hereinafter “Eios”). During that period, there was a transport cost equivalent to KRW 23,031,268.

However, the Defendant did not pay the above transportation cost to the Plaintiff, and the Lao directly paid the above transportation cost to the Plaintiff.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including paper numbers), the purport of the whole pleadings]

2. Recognizing that the Plaintiff was fully paid the transport cost from E.S., the Plaintiff sought the payment of the transport cost from E.S., on the ground that he received the transport cost again from E.S. and entered into a contract with E.S. to E. for E. to pay the cost.

Article 481 of the Civil Code provides that "any person who has a legitimate interest to be repaid shall subrogate the obligee as a matter of course by performance." As a result of subrogation by the obligee, the obligee's claim and the right to collateral are transferred to the obligor.

In the instant case, E.S.E., who has legitimate interest in paying the above transportation cost, paid the Plaintiff the above transportation cost, and the Plaintiff’s claim for the above transportation cost against the Defendant had already been transferred to E.S..

Thus, insofar as E.S. again transferred the above transportation expense claim to the Plaintiff and did not notify the Defendant of the transfer (in fact, there is no evidence to prove that the above assignment of claims and the above notification was made), even if the Plaintiff entered into the above contract with E.S., such circumstance alone does not lead to the Plaintiff’s right to seek payment of the above transportation expense.

Therefore, the plaintiff's claim cannot be accepted.