1. The instant lawsuit shall be dismissed.

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

1. Presumed factual basis

A. On September 18, 2018, the C Claims Lien and D Co., Ltd. concluded a sales contract with the Defendant on the sales price of KRW 100,000,000 with respect to the facilities for public bath business (water tanks, hump pumps, automatic control systems, etc.) in Yangyang-si, Nam-si.

(hereinafter “instant sales contract”) B. (1) dated September 18, 2018.

On October 17, 2018, the Plaintiff acquired the purchase price claim of KRW 100,000,000 against the Defendant from Cmortgage Lien and D Co., Ltd.

(1) The Defendant claimed that the Defendant paid KRW 100,000,000 and damages for delay as stated in the purport of the claim (hereinafter “instant claim”).

[Reasons for Recognition] Facts without dispute, Gap 21 evidence, Eul 2 evidence, the purport of the whole pleadings

2. Determination:

A. In a case where the assignment of claims by October 17, 2018 falls under a lawsuit trust, and the assignment of claims by the transferor of claims by October 17, 2018 falls under a lawsuit trust, Article 6 of the Trust Act is null and void, even if the assignment of claims does not fall under a trust under the Trust Act, it is deemed null and void. The main purpose of which is to conduct procedural acts is to be determined in light of all the circumstances, including the details and methods of the assignment of claims contract, the interval between the transfer contract and the filing of the lawsuit, and the status relationship between the transferor and the transferee. Furthermore, in determining whether a lawsuit was mainly entrusted, it may be recognized even in a case where the trustee does not necessarily have to perform a lawsuit directly, but delegates the lawsuit to the Plaintiff on September 18, 2018, as alleged by the Plaintiff, in light of the aforementioned legal principles, even if the C Claim Lien and D Co., Ltd. transferred the sales claims by the Plaintiff on September 18, 2018.