The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport, purport, and.

1. The gist of the Plaintiff’s assertion: C Co., Ltd. (hereinafter “Nonindicted Company”) whose representative director was the Defendant; (i) from December 30, 2008 to June 26, 2009, the options car was leased KRW 500,000 per month to the Defendant; and (ii) from April 4, 2018 to April 4, 2018, the options car or Vietnam car was leased respectively to the Defendant.

On May 15, 2019, the Plaintiff acquired 60,000 won from the non-party company’s non-party company’s claim for rent from the non-party company against the Defendant (hereinafter “transfer of claim”). Thus, the Defendant is obligated to pay to the Plaintiff the Plaintiff the rent and the repair cost of the vehicle that the Plaintiff acquired (i.e., KRW 11,00,00 won for the vehicle repair cost - KRW 2640,00 for the vehicle repair cost during the foregoing period - KRW 66,40,00 for the term payment) and damages for delay.

2. Determination on the defense prior to the merits

A. The purport of the defendant's assertion is that the plaintiff's principal purpose is to conduct the lawsuit of this case, and the lawsuit of this case is unlawful as it is based on the lawsuit trust.

B. In a case where the assignment of a claim is mainly carried out for judgment litigation, Article 6 of the Trust Act shall be deemed null and void because Article 6 of the Trust Act is applied mutatis mutandis even if the assignment of claim does not fall under a trust under the Trust Act. Whether it is the principal purpose of litigation shall be determined in light of all the circumstances, such as the process and method of concluding the assignment of claim contract, interval between the transfer contract and the filing of the lawsuit, and

(See Supreme Court Decision 200Da4210 delivered on December 6, 2002, etc.). In light of the above legal principles, the following circumstances, which can be known by the health team, the court of this case, or by the overall purport of entry and pleading in the evidence Nos. 1, 9, and 5, as to the instant case, (i) the Plaintiff is on the third pleading date in the trial in relation to the details of the assignment of claim in this case.