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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the defendants' main defense
A. The gist of the Defendants’ assertion asserts that the Plaintiff acquired the instant loan claim amounting to KRW 100 million against the Defendants (hereinafter “instant loan claim”) from D, and that the Defendants sought the payment of the amount of transfer money from D, the Defendants asserted that the instant claim is unlawful, since the Plaintiff acquired the claim from D with the focus of the litigation trust, as the Plaintiff acquired the claim from D with the focus of the litigation trust.
B. (1) In a case where the assignment of claims, etc. primarily with the aim of enabling a litigation, even though the assignment of claims does not constitute a trust under the Trust Act, Article 7 of the Trust Act shall be applied mutatis mutandis. Whether it is the primary purpose of making a litigation is to be determined in light of various circumstances, such as the process and method of concluding the assignment of claims, interval between the transfer contract and the filing of the lawsuit, and the personal relationship between the transferor
(2) In light of the purport of the entire pleadings, the transferor’s claim transfer and takeover agreement of June 12, 2009, stating that “The Defendants shall transfer to the Plaintiff the claim amounting to KRW 100 million with respect to the claim for payment of promissory notes against D, which was written in approving the debt of D, before June 12, 2009,” the above agreement is signed by D’s name in the transferor column and signed by the name of the transferor attached to the name of the transferor, and signed by a unmanned (name of the transferor) on June 27, 2006. In full view of each of the statements stated in Gap’s evidence 1 through 2, and Gap evidence 4-2, the transferor entered into the prison on June 26, 2014, and the contents of the written notice on assignment of claims under D’s name were sent to the Plaintiff on June 12, 2009.
In addition, as to the monetary transaction relationship with D, D Co., Ltd.