Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff had an adjustment payment claim (56,485,372 won and delay damages) for the supply price of construction materials and piping facilities and materials to the non-party plastic plant company (hereinafter “non-party plant company”).
On October 19, 2010, the non-party company transferred the bonds listed in the separate sheet No. 1 (hereinafter referred to as “the instant bonds”) to the Defendant (hereinafter referred to as “transfer of claims”), and notified the non-party company, a third debtor, of the transfer of the said bonds (hereinafter referred to as “taxed comprehensive construction”), and around that time, the notification of transfer was reached.
On the other hand, the creditors of the non-party company including the plaintiff and the defendant acquire or provisionally seize the bonds of this case as indicated below, or receive the seizure and collection order, and the notice of assignment of claims or the decision of provisional seizure, the seizure and collection order reached the "date of delivery" of the following table, respectively.
15,910,100 2.10, 201, 201, 201, 201, 30.3, 20, 205, 201, 36.1, 20, 36.3, 20, 201, 20, 201, 20, 30, 206, 30, 205, 20, 201, 36.3, 15, 20, 206, 30, 205, 20, 205, 20, 206, 30, 206, 15, 206, 30, 206, 30, 205, 206, 201, 206, 37, 305, 201, 36, 2014, 2013, 36, 14