On June 2014, 2011, the Seolim General Construction Co., Ltd. (hereinafter referred to as the "Selim General Construction Co., Ltd") concluded a construction contract that supplies the construction cost of KRW 1,122,00,000 for the new construction of a factory on the land of Kimpo-si.

Although the non-party company completed the construction, the defendant paid only KRW 1,007,000,000 out of the construction cost as of January 15, 2015, and did not pay the remainder of KRW 115,00,000.

On January 15, 2015, the Company transferred KRW 29,000,000 to the Plaintiff and notified the Defendant of the transfer on the same day.

【Ground of recognition” without any dispute, the Defendant asserts that the judgment of the court as to Gap's evidence Nos. 1, 2, 6, 7, 8, and 9, and the defense prior to the purport of the entire pleadings, the plaintiff's entering into the instant claim assignment contract with the non-party company and filed the instant lawsuit constitutes a litigation trust conducted for the non-party company, and thus, should be dismissed.

In a case where the assignment, etc. of a claim mainly takes place for the purpose of procedural acts, Article 6 of the Trust Act shall apply mutatis mutandis even if the assignment of claim does not fall under a trust under the Trust Act, and thus, Article 6 of the Trust Act shall be null and void. Whether the main purpose is to conduct procedural acts shall be determined in light of all the circumstances, such as the course and method of concluding the assignment contract, interval between the transfer contract and

According to the evidence evidence Nos. 3 and 4, the Plaintiff was awarded a subcontract amounting to approximately KRW 29,000,000 among the instant construction works from the non-party company on November 18, 2014, and had a claim for construction payment against the non-party company, and the non-party company was partially transferred its claim against the Defendant to receive the claim. Thus, the Plaintiff can be acknowledged as having received a claim against the non-party company to receive the claim.