1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, except for the addition of the following judgments as to the matters asserted by the defendant in this Court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts that, on August 2010, the Plaintiff did not have an obligation to pay KRW 100 million to Nonparty C the amount of investment, and that, inasmuch as C did not have an obligation to pay more than the amount of KRW 100 million, it transferred to the Plaintiff the claim based on the right to collateral security, the Plaintiff did not have an obligation to pay the amount of acquisition to the Plaintiff who acquired non-existent claim

According to the evidence No. 5 (C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C/C)

Furthermore, according to Article 451 of the Civil Code, when an obligor has given his/her consent to the transfer of nominative claim without reservation of objection, it cannot be set up against the assignee on the ground that he/she could set up against the assignee. Thus, in the assignment of claims, where an obligor has given his/her consent without reservation of objection, the obligor cannot set up against the assignee on the grounds that he/she could set up against the transferor, and the grounds that cannot set up any objection in such a case shall not be set up against the assignee, but shall include the grounds why the claim is set up, continued, and

However, according to Gap evidence No. 2, on the premise that the defendant's settlement amount to be paid to C, the transferor of credit, is confirmed that the amount calculated by subtracting 1/2 of the transfer tax receipt amount from the settlement amount will be paid to the plaintiff, the transferee of the credit, and thus, the assignment of credit.