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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. In full view of the purport of the entire pleadings, the following facts may be acknowledged in the statement No. 1-1, No. 2, No. 1-1, No. 1-2, and No. 1-1, and there is no counter-proof.
(1) The Plaintiff, as a creditor against the non-party Co., Ltd. Co., Ltd. (hereinafter “non-party Co., Ltd.”), was issued a seizure and collection order (hereinafter “instant collection order”) regarding the claim against the Defendant of the non-party company with the claim amounting to KRW 61,957,759 as the claim amounting to KRW 2015,010, Ansan District Court Branch 2010. The instant collection order was served on the Defendant on August 26, 2015.
(2) On March 2014, the non-party company entered into a contract with the Defendant to supply the steel required for the new construction of the National Museum of Matar to the Defendant between March 12, 2014 and September 14, 2015 (hereinafter “instant supply contract”).
B. According to the above facts, the defendant is obligated to pay KRW 61,957,759, which is the amount of the plaintiff's collection claim, to the plaintiff who acquired the right to collect the claim for the purchase of goods against the defendant of the non-party company under the supply contract of this case (hereinafter "the claim of this case").
I would like to say.
2. Judgment on the defendant's defense
A. As to this, the Defendant settled the amount of the instant claim by reducing the amount of the claim between the Defendant and the Nonparty Company before reaching the Defendant’s collection order, and subsequently repaid the full amount by paying or depositing the settled amount of the goods. Thus, the Plaintiff’s claim of this case is groundless.
B. Therefore, the following facts can be acknowledged in light of the overall purport of the pleadings in the descriptions of the evidence Nos. 1-2, Eul Nos. 1-2, Eul Nos. 2-4, Eul Nos. 5-1 through 3, Eul No. 6, and Eul Nos. 6, and there is no counter-proof.
(1) The collection order of this case is issued.