공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 11, 2013, the Defendant concluded a construction contract with respect to KRW 1,790,000,000 for the first construction work among the C New Construction Works (hereinafter “instant construction work”), and B completed the instant construction work.
B. On April 26, 2016, B transferred the instant claim for construction cost to the Plaintiff, and notified the Defendant of the assignment of the said claim.
C. On the other hand, the Plaintiff lent the Plaintiff’s construction business license related to the instant construction project, and prepared a construction contract to which the Defendant is the contractor, the contractor, and the Plaintiff formally.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The Defendant’s assertion that the assignment of claims between the Plaintiff and B constitutes a litigation trust, which is for having the Plaintiff conduct litigation, and thus null and void.
B. 1) In a case where the assignment of claims, etc. primarily takes place with the aim of enabling a litigation, Article 6 of the Trust Act shall be deemed null and void, even if the assignment of claims does not constitute a trust under the Trust Act. Whether it is the principal purpose of litigation shall be determined in light of the following: (a) the process and method of concluding the assignment of claims contract; (b) the time interval between the transfer contract and the lawsuit; and (c) the status relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decision 2004Da8371, Jun. 25, 2004; Supreme Court Decision 2012Da23412, Mar. 27, 2014); (b) the instant corporation is proceeding in the instant case; (c) the Plaintiff, who leased a construction license, was urged to pay the subcontract price from subcontractors; and (d) the process leading up to the instant lawsuit by the Plaintiff.