1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

1. The reasons for the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized or added by the Defendants in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The Defendants’ assertion 1) The instant letter of credit transfer and takeover (Evidence A No. 1) was forged, and there was no agreement between the Plaintiff and D on credit transfer and takeover between the Plaintiff. 2) The instant assignment of claims constitutes a litigation trust conducted in order to substitute litigation procedures in the form of simply transferring claims, irrespective of the cause of the assignment of claims.

3) The instant claim is subject to the five-year extinctive prescription with commercial claim. The instant lawsuit was filed after the expiration of the five-year extinctive prescription. (B) The Defendants asserted that the instant contract for the transfer and takeover of the claim was forged, and there is no evidence to acknowledge this.

Rather, according to the statements in Gap evidence Nos. 1 and 9, the plaintiff is the spouse of D at the time and D obtained a certificate of personal seal impression on December 30, 2014 and prepared the bonds transfer and receipt contract of this case on that day. According to the above facts, according to the above facts, it seems that the bonds transfer and receipt contract of this case was genuine.

2) In a case where the assignment, etc. of a claim primarily takes place for the purpose of having a litigation, even if the assignment of claim does not constitute a trust under the Trust Act, Article 6 of the Trust Act applies by analogy and becomes null and void. The main issue is to be determined in light of all the circumstances, including the course and method of the assignment of claim contract, interval between the transfer contract and the lawsuit, and the personal relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decision 2003Da20909, 20916, Mar. 25, 2004).