1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. (i) The Plaintiff is a person engaged in the import and supply business of tobacco, which is an implied fuel, under the trade name of the Plaintiff and the Defendant, and the Defendant is a person engaged in the implied manufacturing business under the trade name of “D” and “E”.

B. As of March 30, 2012, the Plaintiff entered into a transaction, including the supply of tobacco to F Co., Ltd. (hereinafter “F”), and had a credit payment claim amounting to KRW 440 million in F, but became at the risk of not being able to receive the credit due to the suspension of F’s business.

On April 1, 2012, the Plaintiff entered into a contract on the lease of the building and machinery with the intention of leasing the workplace, manufacturing facilities, and office fixtures from F and receiving the business notification certificate, related trademark rights, etc. from F to receive the credit payment claim against F through the said transaction partners that the Plaintiff would be able to pay the existing goods payment obligation against F with respect to F that the transaction partners should continue to be supplied. On April 2, 2012, the Plaintiff entered into a contract on the lease of the building and machinery with the intent of receiving the business notification certificate, related trademark rights, etc. from F.

B. (i) When trading with the Defendant and other business partners, F issued a “detailed statement” indicating the balance, the amount, and the total amount by the due date of each transaction with the Defendant and other business partners.

B. On April 2012, the Plaintiff issued a specification of transaction in the name of F. However, on April 26, 2012, the Plaintiff registered the business in the name of “G” and issued a specification of transaction in the name of G from May 1, 2012.

According to the book in which F entered the details of the transaction with the defendant, the defendant's goods payment obligation against F is extinguished by payment or deduction.

C. (i) On June 5, 2013, the Plaintiff filed a lawsuit against F on June 5, 2013 against the Busan District Court 2013Kahap10270, such as the seizure and collection order of credit payment claims against the Defendant.

The court.