The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. From June 29, 2004, the above court issued an order on June 29, 2004 that "the defendant calculated 350,000,000 won to the plaintiff and 5% per annum from August 6, 2000 to August 25, 2004, and 20% per annum from the next day to the day of full payment" (hereinafter "the payment order in this case"), and the payment order in this case was finalized on September 9, 2004 (Evidence 6) by the court below (hereinafter "the payment order in this case").

(1) The Defendant transferred the claim against the Plaintiff under the instant payment order to D on March 6, 2013.

D brought a lawsuit against the plaintiff to pay the principal of the claim under the payment order of this case and damages for delay.

B) The court of first instance accepted D’s claim on July 3, 2013, and rendered a judgment that “the Plaintiff shall pay to D 1,020,082,191 won and 350,000 won among them at a rate of 20% per annum from April 4, 2013 to the date of full payment (Seoul District Court Branch Branch 2013Gahap2343, Jun. 17, 2014).” However, the court of first instance rendered a judgment dismissing the judgment of the court of first instance on the ground that “the Defendant transferred the claim under the instant payment order to D to conduct litigation,” which constitutes a litigation trust by analogy under Article 6 of the Trust Act, and thus becomes null and void, it cannot accept a claim under the premise that D received the claim under the instant payment order from Defendant from Defendant,” and that it dismissed the judgment of first instance on the ground that D’s claim cannot be accepted.”

(Seoul High Court Decision 2014Na2299). The above decision was finalized on July 10, 2014 (Evidence A 4-1). (A) The plaintiff's objection against the defendant was based on the payment order of this case on the ground that the claims against the defendant were already extinguished.