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

As of May 21, 2014, in which Defendant B and D Co., Ltd. (hereinafter “D”) intend to newly construct 24 households of multi-household housing in KRW 2,207,450,000 for the construction cost, Kimcheon-si and KRW 16 households of multi-household housing in KRW 1,472,870,00 between Defendant C and D, respectively, was drafted on May 21, 2014, the contract agreement was signed as of May 21, 2014, to build 16 households of multi-household housing in Kimcheon-si F.

(2) On April 25, 2016, the Plaintiff entered into a contract with D to acquire KRW 200,000,000 from D’s claim for construction payment against Defendant B, and KRW 150,000,00 from the claim for construction payment against Defendant C (hereinafter “instant transfer contract”). On April 27, 2016, D notified the Defendants of the said transfer with the fixed date with the content certification, and the Defendants received the said notification on April 28, 2016.

【In the absence of dispute, the Plaintiff’s assertion of the Defendants as to the main purpose of the entire pleadings and the purport of the instant transfer contract with the purpose of having the Plaintiff, a director in the company, who was a director in the company, entered into the instant transfer contract. As such, the instant lawsuit is invalid as a litigation trust act, and thus, is also unlawful.

In a case where the assignment of a claim is mainly carried out with respect to the relevant legal acts, even if the assignment of claim does not fall under a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, so it shall be deemed null and void. Whether it is the primary purpose of making the legal acts to be carried out shall be determined in light of all the circumstances such as the course and method of concluding the assignment of claim contract, interval between the transfer contract and the filing of

Supreme Court Decision 201Na1448 delivered on December 6, 2002