beta
Text
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. C received an order for the manufacture of clothes from the Defendant on September 1, 2014, and on October 31, 2014, supplied the goods to the Defendant, but did not receive the price of supply from the Defendant.
B. On November 10, 2014, C transferred to the Plaintiff the claim for the purchase price of clothes of KRW 85,720,800 to the Defendant. Upon C’s request, the Defendant transferred KRW 30 million to the Plaintiff’s account on November 20, 2014, and KRW 25 million, which is a part of the above price, to the Plaintiff’s account on December 2, 2014.
C. On March 23, 2015, C notified the Defendant of the assignment of claims to the effect that “A transferred the unpaid claim under the supply contract to the Plaintiff as of November 10, 2014.”
The defendant is liable to pay the remaining 30,720,000 won to the plaintiff who is the transferee of the claim and the delay damages therefor.
2. According to the overall purport of the Plaintiff’s argument, the Plaintiff filed a lawsuit against the Plaintiff and C for confirmation of the existence of obligation (Seoul Southern District Court 2015da204568) and agreed on June 3, 2016 that “the Defendant and C shall pay the Plaintiff the amount of KRW 55 million in relation to the above supply contract on November 9, 2014, and give up compensation for damages arising from the price of supply and clothing defects in excess, and completed the performance thereof. Therefore, the claim for payment transferred to the Plaintiff by C was already extinguished at the time of transfer, and the Defendant did not have a duty to pay the unpaid amount of KRW 30,720,000 to the Plaintiff.”
'The facts that the judgment was sentenced, and 2. The plaintiff and the defendant appealed against the above judgment, but the judgment was sentenced to dismissal on April 13, 2017 by Seoul Southern District Court 2016Na56194, and the above judgment became final and conclusive around that time.
According to the above facts of recognition, the plaintiff asserts.