1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasoning for this part of the underlying facts is as stated in the judgment of the court of first instance, except for the addition as follows. Thus, this part of the reasoning is cited by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Parts] In the second part, the following shall be added to "paragraph (d) of Section 1":

D demanded the Plaintiff to pay the instant claim that was transferred from the Defendant, but the Plaintiff rejected the said demand. Thereafter, on July 2, 2009, the Plaintiff prepared and rendered a letter of intent to repay the instant claim to the Defendant (hereinafter “instant letter”) on July 2, 2009, and added “Attachment B’s statement of evidence and witness’s testimony” to the part of “ [based on recognition] in the third page.”

2. The parties' assertion

A. The plaintiff was notified by the defendant around October 2007 that he would transfer the claim of this case to D, but there was no later received notification from D, etc. of cancellation of the above assignment contract. Thus, the defendant cannot set up against the plaintiff with the claim of this case.

Since the payment order of this case was finalized under the premise that the defendant can effectively exercise the claim of this case against the plaintiff, compulsory execution based on the payment order of this case shall be dismissed.

B. The Defendant, while transferring the instant claim to D, agreed to cancel the said assignment contract between D and the Plaintiff.

Therefore, since the defendant can oppose the plaintiff who is the original debtor with the claim of this case, the payment order of this case and compulsory execution based on the defendant's request for the interruption of the statute of limitations are valid.

3. Determination

A. Article 452 of the Civil Act may apply mutatis mutandis to cases where the assignment of a claim becomes retroactively null and void due to the cancellation of an agreement or cancellation of the assignment of claim. Thus, in cases where the said transfer contract has been cancelled or the agreement has been rescinded after the notification of the transfer of nominative claim, the transferor of the claim shall re-con