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1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:
In the lawsuit of this case.
Reasons
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to whether the assignment contract of this case is invalid as a litigation trust
A. On October 15, 2014, the Plaintiff settled the existing construction cost, loans, investments, etc. with C Co., Ltd. (hereinafter “C”) at KRW 600 million, and entered into the instant credit transfer agreement with C to acquire the claim for the construction cost of the instant contract (hereinafter “instant construction cost”) by settling accounts and paying the claim for the payment of the claim for the settlement of the claim, which is concluded by C pursuant to Article 5 of the termination agreement with the Defendant. This is an effective contract that is not in any relationship with the lawsuit trust. 2) On the other hand, C transferred the claim for the instant construction cost of the instant case to the Plaintiff, which does not have any claim against C with the intent to reduce the unfavorable part of the lawsuit trust and pressure the Defendant to exercise the claim for the instant construction cost of the instant case. As such, the instant credit transfer agreement is null and void as it constitutes a litigation trust.
Therefore, the lawsuit of this case filed by the plaintiff shall be dismissed as illegal or dismissed as it is not a party's qualification.
B. Article 6 of the Trust Act provides that a trust, the main purpose of which is to allow a trustee to conduct procedural acts, shall be null and void. Furthermore, even in the case of the transfer of claims with the main purpose of enabling a trustee to conduct procedural acts, it shall also be deemed null and void by analogical application of the above provision.
However, the issue of whether the assignment of claims mainly aims at carrying out procedural acts is a situation such as the details and methods of concluding the assignment of claims, the time interval between the assignment of claims and the filing of a lawsuit, the status relationship between the transferor and the transferee.