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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was engaged in the import and supply business of tobacco, which is an implied material, in the trade name of “C”.
As of March 30, 2012, while trading with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”), the Plaintiff had a credit payment claim amounting to KRW 440,00,000,000 in a non-party company. However, the Plaintiff was at the risk of not being able to receive the claim due to the suspension of the business of the non-party company.
B. The defendant operated the "E" and received silents from the non-party company. The non-party company transferred part of the credit payment claims against the defendant who is urged by the creditors, including the plaintiff, to the creditors as follows.
(1) On March 29, 2012, the non-party company, the Plaintiff, and the Defendant transferred KRW 50,000,000 to the Plaintiff the credit payment claim against the Defendant currently held on March 29, 2012, and the Defendant entered into a bond transfer contract with the effect that the Defendant consented to the said transfer of credit.
(2) On March 31, 2012, Nonparty Company, F, and Defendant: (a) transferred KRW 14,000,000 to F, and entered into an agreement on the transfer of bonds with respect to the Defendant, currently held by Nonparty Company on March 31, 2012; and (b) the Defendant entered into an agreement on the transfer of bonds with respect to the consent to the said transfer of bonds.
C. Meanwhile, the documents prepared by the business division of the non-party company and approved by the representative director of the non-party company, are "the invoice details less than the invoice details" for each company.
(E) The credit settlement claims against the Defendant (E) are indicated as follows: 1.30,872,879 126,126,190,717,7207,7200,000 224,98,989, 91, 911, 91, 91, 91, 91, 91, 754, 2697, 4807, 4807, 4807, 4807, 480 114, 749, 749, 260, 205, 201, 205, 205, 2015, 306, 260, 2697, 4807, 480, 120314, 749, 2036, 203616, 197