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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a company established for the purpose of selling musical instruments, sound equipment, etc. around June 24, 1994, and the non-party B corporation (hereinafter "non-party corporation") is a corporation established around August 2006 and operated substantially by the non-party C, and a company imported and sold musical instruments in Korea.
B. A contract between the Plaintiff and the Nonparty Company for the assignment of claims 1) The Plaintiff and the Nonparty Company shall enter into a claim transfer agreement with the following terms and conditions (hereinafter “transfer of claims of this case”) around March 2014:
A) Around March 21, 2014, Nonparty Company (hereinafter “Nonindicted Company”) notified the Defendant of the assignment of claims of this case. Around March 21, 2014, Nonparty Company (hereinafter “Nonindicted Company”) confirmed the claim and the obligation relationship.
hereinafter the same shall apply.
ii)a-B (referring to the Plaintiff);
hereinafter the same shall apply.
As of March 14, 2014, “A” confirms that as of March 14, 2014, “A” has a debt of KRW 290 million with the amount of goods, loans, etc. against “B”. 2. A’s credit and its transfer agreement 1) due to the supply of goods from September 3, 2009 to May 28, 2010, “A” has a debt of KRW 1,192,248,000 with respect to the Defendant and a debt of KRW 1,364,060,429, total amount of KRW 2,56,309,309,229.
2) A transferred KRW 290,00,000,000 among the credit against the Defendant to B for the repayment of the debt set forth in the above paragraph (1) against B, and transferred it to B. 2) After which Nonparty Company received KRW 26,60,2828,00 from September 3, 2009 to May 28, 2010, and then transferred to the Plaintiff the remaining claim to the effect that “The non-party Company received KRW 1,852,248,80 from September 3, 2009 to May 28, 2010, KRW 828,083,024 from the credit settlement amount to KRW 2,680,31,824 from the credit settlement amount, and received KRW 2,60,2282,280,280 as of June 30, 2010 to the effect that the remaining claim is transferred to the Plaintiff.”
3 On April 17, 2015, the non-party company is again the defendant "the non-party company is against the defendant from September 3, 2009.