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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter referred to as “B”) was awarded a contract for the new construction of D D in Ansan-si from Liby Development, and the Greenjin Construction Co., Ltd. (hereinafter “Yjin Construction”) was subcontracted for the construction of a club in the above construction from B around October 2009. The Plaintiff completed the said construction by sub-subcontracting the relevant construction of a club, which was sub-subcontracted by waterproof, lighting, cooking, and spopic construction among the construction of a club in the said club.
B. On or around December 2004, our bank (hereinafter “Korea bank”) extended a loan from us bank by providing B’s partner companies (transactions) with collateral in the manner of transferring B’s credit sales claims to us, and B paid the amount of credit sales claims on the date of payment of the above credit sales claims to us, and at the same time paid the partner company’s loan obligations to us, it has been renewed every year after concluding a mutual support agreement with us on B2B loan contracts with the content that the partner company shall pay the amount of credit on the date of payment of the above credit sales claims to us, and at the same time,
C. In relation to the construction price to be paid to the Plaintiff, Jinjin Construction: “Date of Preparation of Written Consent for Direct Payment” in the following table was written on each day, and requested direct payment to B by preparing written consent for direct payment of the subcontract price for each amount entered in “amount of non-acceptance and amount of credit”; and the Plaintiff received each amount of B2B foreign sales claim from B as stated in the written consent for payment of each subcontract price.
In addition, the Plaintiff received loans from us bank in the manner of transferring the above B2B sales claims to us for the purpose of securing the above sales claims, each of the following amounts stated in the “loan Amount” column.
The amount of loans from the date of receipt of a written statement of non-assignment of the position shall be 17,580,850 Won E on June 30, 2010 and 65,00,000 won on June 6, 2010, around June 2010, KRW 17,580,850 on June 2, 2010.