1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 13, 2011, the Plaintiff supplied the Defendant with light oil equivalent to KRW 40,30,000,000, and the Defendant paid KRW 5,300,000 to the Plaintiff on the same day.

B. On July 8, 2011, the Plaintiff transferred to the Defendant a claim of KRW 35 million ( KRW 40.3 million-5.3 million) against the Defendant (hereinafter “claim of this case”) with the primary purpose of having the Defendant conduct a procedural act against B, and notified the Defendant of this on July 12, 201.

C. B, on September 20, 201, filed a request for payment order against the Defendant on September 20, 201, the Changwon District Court, Kimhae-si, 201j2539, which sought payment of KRW 35 million against the Defendant (hereinafter “instant payment order”). The Defendant’s objection against the instant payment order was carried out as a lawsuit on October 24, 201.

In the relevant lawsuit (hereinafter referred to as the “former suit in this case”), the judgment against B was finalized on June 16, 2014 on the ground that “The said transfer was null and void since the Plaintiff transferred the instant claim to B for the main purpose of having the Plaintiff conduct litigation (the first instance court: the Changwon District Court Decision 2011Ga3589 decided September 25, 2012; the appellate court: Supreme Court Decision 2012Na14399 Decided February 6, 2014; Supreme Court Decision 2014Da18698 Decided June 12, 2014; Supreme Court Decision 2014Da18698 Decided June 16, 2014.

On July 18, 2014, the Plaintiff filed the instant lawsuit against the Defendant on the ground that it is the obligee of the instant claim.

[Reasons for Recognition] Unsatisfy, Gap 1, 4 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. As to the Defendant’s claim on the completion of extinctive prescription, the instant claim constitutes “price for products and goods sold by producers and merchants” under Article 163 subparag. 6 of the Civil Act, and its extinctive prescription period is three years.

The Plaintiff filed the instant lawsuit on July 18, 2014, which was three years from June 13, 2011, and the statute of limitations expired even if the instant claim had existed.

B. The Plaintiff’s assertion on the interruption of extinctive prescription is determined.