The costs of appeal are assessed against the defendant.

1. The lower court, based on its reasoning, determined as follows: (a) even if the Plaintiff received the assignment of claims from the strong industry company (hereinafter “sent industry”), determined that the assignment contract entered into between the strong industry and the Defendant constitutes fraudulent act.

Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the establishment of a fraudulent act, contrary to what is alleged in the grounds of appeal.

2. Based on its stated reasoning, the lower court determined that it is insufficient to recognize that the Defendant acted in good faith at the time of the assignment of claims, and there is no other evidence to acknowledge

In light of the records, the court below did not err by misapprehending the legal principles on the recognition of beneficiary's bad faith, as alleged in the grounds of appeal, and the court below's assertion disputing the preparation of evidence and fact-finding cannot be a legitimate ground of appeal.

3. Where the assignment of claims corresponding to a fraudulent act has already been cancelled by a creditor before the creditor has been cancelled, etc., the assignee, etc. has already been repaid the claims from the garnishee, etc., the creditor may claim against the beneficiary, etc. by means of restitution for the payment of the money received as repayment together with the revocation of the assignment of claims (see, e.g., Supreme Court Decisions 2002Da42711, Oct. 25, 2002; 2003Da50061, Nov. 28, 2003). In cases where the beneficiary is the debtor's creditor, the beneficiary shall also claim for the amount of the total claim against the cancelled creditor on the ground that he is one of the creditors whose revocation is effective, or the beneficiary shall claim for the distribution of the amount of his share out of the total claim amount, or by means of the right to claim the distribution of the amount of his share out of the total claim amount against the cancelled creditor's restitution.