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

A. On October 26, 2007, KRW 60,000 was remitted from the Plaintiff’s deposit account in the name of the Defendant to the deposit account in the name of the Defendant.

B. On April 10, 2017, C notified C of the fact that C’s loan claims against the Defendant amounting to KRW 60,000,000 and delayed payment damages amounting to KRW 30,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. The parties' assertion

A. On October 26, 2007, Plaintiff C lent KRW 60,000,00 to the Defendant. The Plaintiff, the assignee of the above loan claim, sought the above loan and damages for delay against the Defendant.

B. Defendant 1) For the purpose of conducting the instant litigation, the Plaintiff acquired the loan claims against the Defendant through the transfer of claims from C, which constitutes a trust in a lawsuit, and thus, the said transfer of claims is null and void, and the Plaintiff is not qualified as a party. 2) The Plaintiff donated KRW 60,00,000 to the Defendant, who had worked as an employee of the foreign village and C, and there is no fact that the Defendant borrowed the above money from C.

3. Determination

A. In a case where the assignment, etc. of a claim primarily takes place with the intention of engaging in litigation, even though the assignment of claim does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 2011) is null and void by analogy. Whether it is the principal purpose of litigation should be determined in light of all the circumstances, including the process and method of concluding the assignment of claim contract, the interval between the transfer contract and the lawsuit, and the relationship between the transferor and the transferee, etc.

(see, e.g., Supreme Court Decision 2012Da23412, Mar. 27, 2014). The Plaintiff and C were siblingss, and the Plaintiff and C were siblingss. The instant lawsuit was filed on June 13, 2017 when approximately two months elapsed from the date of assignment of claims, and C filed the instant lawsuit from June 2016.