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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. The Plaintiff’s assertion that the Defendant borrowed KRW 52,253,740 from D in the course of selling the apartment-type factory of the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government Building Co., Ltd. and registering the apartment-type factory (hereinafter “the instant building”), and the Plaintiff acquired the above loan claims against the Defendant from D on January 2, 2017 and completed the notification of the assignment of claims against the Defendant on January 3, 2017, and thus, the Defendant is obligated to pay the Plaintiff the above transfer claim amount of KRW 52,253,740 and delay damages.
B. The Defendant’s assertion that the Plaintiff received a claim against the Defendant from D is invalid since it is a litigation trust with the main purpose of litigation.
Even if the acquisition of the Plaintiff’s claim is valid, D’s funds provided by the Defendant in the process of acquiring the instant building are the Defendant’s service cost, i.e., the amount brought by D free of charge, and not the Defendant’s loan.
2. Judgment on the defendant's assertion of the lawsuit trust
A. In a case where the assignment of a claim is mainly carried out for the purpose of having a litigation act, Article 7 of the Trust Act shall be deemed null and void, even if the assignment of claim does not fall under a trust under the Trust Act by analogy. Whether it is the principal purpose of litigation shall be determined in light of the following circumstances: (a) the process and method of concluding the assignment of claim; (b) the time interval between the transfer contract and the filing of the lawsuit; and (c) the status relationship between the transferor and the transferee; and (d) the trustee may be recognized even in a case where the trustee does not necessarily require
(See Supreme Court Decision 2006Da463 Decided June 27, 2006, etc.). B.
The statements of Gap 5 to 7 are as follows, which are acknowledged by integrating the purpose of the whole pleadings.