1. The instant lawsuit shall be dismissed.

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

The Plaintiff filed a claim seeking payment of KRW 71 million from C on the ground that C acquired the claim equivalent to KRW 71 million against the Defendant.

We examine the lawsuit of this case ex officio.

In a case where the assignment of claims primarily takes place for the purpose of litigation, even if the assignment of claims does not constitute a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, and thus, is null and void. Whether it is the principal purpose of litigation shall be determined in light of all the circumstances, including the details and methods of concluding the assignment of claims contract, interval between the transfer contract and the filing of the lawsuit, and the status relationship between

(See Supreme Court Decision 200Da4210 Decided December 6, 2002, and Supreme Court Decision 2012Da23412 Decided March 27, 2014, etc.). In full view of the following: (a) there is no evidence to acknowledge that the Plaintiff had a specific legal relationship to acquire the claim against the Defendant by C; and (b) the Plaintiff voluntarily acknowledged that “C would transfer its claim against the Defendant by giving rise to inconvenience and inconvenience in operation; and (c) the Plaintiff would have divided one half of the money,” it is reasonable to deem that the transfer of the claim against the Defendant was primarily conducted by the Plaintiff to have the Plaintiff conduct the litigation by applying Article 6 of the Trust Act mutatis mutandis; and (d) the Plaintiff’s filing of the lawsuit in this case constitutes a so-called voluntary lawsuit subject to the lawsuit trust by C. Therefore, the Plaintiff’s standing to sue is not recognized.

Therefore, the instant lawsuit is dismissed as it is unlawful.