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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 26, 2012, B Co., Ltd. (hereinafter “B”) entered into an agreement on the acquisition of claims between the Plaintiff and B (hereinafter “instant agreement on the acquisition of claims”) with the Defendant and the transfer of claims that will arise in the future to the Plaintiff, between the Plaintiff and the Plaintiff, with the effect that the claim amounting to the Defendant is KRW 457,000,000,000, and the claim assigned therefrom is transferred to the Plaintiff (hereinafter “instant claim”). On October 30, 2012, the said notification was issued to the Defendant on October 31, 2012 by the content-certified mail.
【Fact-finding without dispute over the ground for recognition】 Each entry in Gap evidence 3, 4, and 5 (if there are provisional numbers, including each number; hereinafter the same shall apply), and the purport of the whole pleadings
2. The Plaintiff asserts that the amount of the claim for the goods settled between B and the Defendant during the period from March 29, 2012 to January 31, 2013 before and after the conclusion of the instant claim acquisition agreement is KRW 442,541,68 (this refers to the amount excluded by KRW 400 million who was paid by the Defendant on January 31, 2013). Thus, the Defendant asserts that the said claim should be paid to the Plaintiff who received the said claim under the instant claim acquisition agreement.
On the other hand, the defendant asserts that the contract of the acquisition of the bonds of this case is null and void because it constitutes false conspiracy.
3. Determination
A. In light of the following circumstances acknowledged by comprehensively taking account of the respective descriptions and the purport of the entire pleadings as stated in the evidence Nos. 1, 2, 3, 4, 5, 9, 14, 18, 21, 22, 23 and 30 of the evidence No. 1, 2, 200, B transferred the above claim in collusion with the Plaintiff for the purpose of evading the compulsory execution of B, even if the Plaintiff did not actually intend to transfer his claim against the Defendant, it is reasonable to deem that B transferred the above claim in collusion with the Plaintiff. The instant contract for the acquisition of the claim of this case constitutes a false declaration of conspiracy under Article 108
Therefore, the prior plaintiff's assertion on a different premise is without merit.
(1) B shall enter into a contract for the acquisition of the instant claim, since it had experienced financial difficulties from before October 2012.