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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 Plaintiff is a corporation whose purpose is to sell steel products, etc., and the Defendant is a corporation that manufactures and sells automobile parts.
A Co., Ltd. (hereinafter referred to as “A”) supplied the Plaintiff with steel products, supplied the Defendant with automobile parts, and the Defendant defaulted on December 10, 2010.
B. On December 14, 2010, the Plaintiff and the Plaintiff concluded a contract with the Defendant to transfer the claim amounting to KRW 25 million (hereinafter “transfer of claim”).
A, on December 15, 2010, notified the Defendant of the assignment of the instant claim, and the following notice was served on the Defendant.
[Amount of recognition] The fact that there has been no dispute, Gap evidence 1, and Gap evidence 2, and the purport of whole pleading
2. The parties' assertion and judgment
A. The Plaintiff asserts that, as the Plaintiff acquired KRW 25 million out of A’s claim for the price of goods according to the instant assignment contract, the Defendant is obligated to pay this amount for the following reasons. 2) The Defendant asserts that prior to the instant assignment of claims, A’s claim for the price of goods was extinguished.
① Until the date A goes into default, the Defendant supplied A with a price equivalent to KRW 102,067,262 of the raw materials necessary for the production of the automobile parts (hereinafter referred to as “oil class”). The Defendant’s claim against A related thereto (hereinafter referred to as “Defendant’s claim for paid-in materials”) was not paid.
In addition, return of the goods supplied by A to the defendant was equivalent to KRW 1,149,940 due to defects.
② On December 10, 2010, around December 10, 2010, the Defendant and A settled accounts of A’s claim for the price of goods and Defendant’s claim for materials for commercial use, and both A’s claim for the price of goods was extinguished.
B. Determination No. 1, No. 1, and No. 1 through No. 3.