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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 20, 2016, the Plaintiff received an assignment order of claim amounting to KRW 170,000,000 on the claim amount against the non-party company C (hereinafter “non-party company”) under the contract for the supply of machinery and equipment-related parts, which the non-party company, the obligor, against the Defendant, who is the garnishee.
(Ogsan District Court Decision 2016 Taz. 15260). (b)
The instant assignment order was served on the Defendant on December 26, 2016, and became final and conclusive on January 11, 2017.
C. The Defendant has a claim against the Nonparty Company for the price of goods related to the construction section from August 2016 to November 201 of the same year.
The Defendant, on July 26, 2016, lent to Nonparty Company KRW 170 million and KRW 230 million on October 10, 2016, respectively, set the lending period from October 10, 2016 to December 31 of the same year, and agreed to set the repayment method by KRW 100 million each month from September 2016 to December 31 of the same year.
E. In accordance with the above agreement, the non-party company and the defendant shall set off and dispose of part of the credit for processing expenses and the credit for loans 2.60 million won among the credit for processing expenses, and the non-party company shall pay the remainder of the credit for processing expenses to the defendant. Ultimately, the defendant shall have the credit for the non-party company of KRW 1.40 million.
F. The claim for the cost of outsourcing processing against the Defendant by the Nonparty Company is a total of KRW 9,476,621, including KRW 9,240,00 for September 201, and KRW 236,621 for November 236, 2016.
G. On December 31, 2016, with respect to the claim for outsourcing processing costs against the Defendant of the non-party company, an electronic tax invoice of KRW 169,492,018 was issued on December 31, 2016, but the revised electronic tax invoice was issued on February 7, 2017, stating that the full amount is revoked due to the cancellation of the contract.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 22 (including each number), and the purport of the whole pleadings.