The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant, in operating the wholesale and retail business of construction materials under the trade name of “C,” was supplied with goods, such as a assembly-type panel, from around May 2016 to April 30, 2019, by D Co., Ltd. (Seoul District Court 2017 Mahap1044, Nov. 2017; hereinafter “Seowon District Court”) to D Co., Ltd. (hereinafter “D”) which was the customer from around May 30, 2019.

B. On June 25, 2019, E, as the representative of the non-party company, was the legal administrator of the above rehabilitation procedure, was not paid KRW 121,244,434 out of the price of the above goods from the Defendant. On the same day, E concluded a contract on the transfer of the above unpaid claim between the Plaintiff and the Plaintiff, and notified the Defendant of the transfer of the above claim around July 1, 2019.

C. As to this, the Defendant: (a) declared that the unpaid goods payment obligation against the non-party company is merely KRW 78,00,000; (b) on October 25, 2019, the Defendant deposited KRW 78,000,000 as a deposit account for the non-party company’s administrator E on the ground that the provisional seizure of the claim against the non-party company and the claim against the non-party company cannot be paid because the provisional seizure of the claim against the non-party company, the creditors of the non-party company, cannot be conducted; and (c) on the ground that

[Ground of recognition] Facts without dispute, Gap 1 through 8, 12 (including paper numbers), Eul 1, 2, 12 through 16, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In trading with the Defendant, the Nonparty Company supplied the goods equivalent to KRW 4,510,721,524 in total and received KRW 4,412,798,00 from the Defendant.

In addition, the defendant deposited KRW 78,000,000 out of the remainder of the goods as the custodian E of the non-party company.

Therefore, the above claim against the defendant of the non-party company for the above goods payment amounting to KRW 19,923,524 (=4,510,721,524) - KRW 4,412,798,000 - KRW 78,00,000). Thus, the defendant acquired the above goods payment claim from the non-party company, and thus, the defendant took over the above goods payment claim from the non-party company.