1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C deposited KRW 50,00,000 in an account under the Defendant’s name on July 5, 2010.

B. On June 7, 2017, C transferred a loan claim amounting to KRW 50,000,000 to the Defendant (hereinafter “instant contract for the assignment of claims”) to the Plaintiff on July 5, 2010, and on June 12, 2017, C notified the Defendant of the said transfer, and the notification reached the Defendant on June 15, 2017.

[Ground of recognition] Unsatisfy, entry of Gap 2-5 evidence, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff acquired a loan claim of KRW 50,000,000 from C on July 5, 2010 against the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the above KRW 50,000,000 and the delay damages therefor.

B. The defendant's judgment on the ground of the main defense of this case is made mainly with the intention of having the plaintiff conduct litigation, and is null and void as it constitutes a litigation trust. Thus, the lawsuit of this case filed by the plaintiff on the ground of the transferred claim is unlawful. However, it is insufficient to recognize that the assignment contract of this case was made mainly with the evidence submitted by the defendant to allow the plaintiff to conduct litigation, and there is no other evidence to acknowledge this differently, the defendant's above assertion is without merit.

C. As seen earlier, as to whether a loan claim of KRW 50,000,000 against the Defendant of the judgment C on the merits exists, the fact that C deposited KRW 50,000,000 in the account under the name of the Defendant on July 5, 2010 by the Defendant was insufficient to recognize that the above KRW 50,000,000 was a loan. However, there is no other evidence to acknowledge this, the Plaintiff’s above assertion on the premise of this is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.