1. The instant lawsuit shall be dismissed.

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

1. The parties' assertion

A. The Plaintiff asserted that the Defendants are jointly and severally liable to pay to the Plaintiff KRW 73 million and delay damages, since the Plaintiff received the instant claim from D with a loan claim of KRW 73 million against the Defendants (hereinafter “instant claim”).

B. As to this, the Defendants asserted that the above assignment of claims is null and void since the assignment of claims was made mainly on the ground that no obligation exists between the Plaintiff and D.

2. Determination as to the legitimacy of the instant lawsuit

A. In a case where the assignment, etc. of a claim mainly takes place with the intention of making a procedural act, Article 7 of the Trust Act shall be deemed null and void, even though the assignment of claim does not fall under a trust under the Trust Act by analogy. Whether it is the principal purpose of making procedural act shall be determined in light of all the circumstances, including the details and method of concluding the assignment contract, interval between the transfer contract and the filing of a lawsuit, and the personal relationship

B. (See Supreme Court Decision 2000Da4210 delivered on December 6, 2002).

In this case, the following circumstances are acknowledged by comprehensively taking account of the respective descriptions in the Health Team, Gap evidence Nos. 5 and 6, and Eul evidence Nos. 1 through 7 and the overall purport of pleadings, and Eul, on June 25, 2014, applied for a payment order against the defendants for the payment of the claim of this case (Seoul District Court 2014Guj9095), and upon submitting a written objection, the above court issued the above order of correction, and the above order of payment was dismissed on September 2, 2014, and Eul transferred the claim of this case to the plaintiff on September 26, 2014,