1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. On December 18, 2014, the Plaintiff lent KRW 200,000,000 to Nonparty Association at an annual interest rate of 24%.

B. On January 28, 2015 to 500,000,000 won (interest rate: 32% per annum, six months from the date of borrowing, or one year after the date of maturity): and April 21, 2015 to April 27, 2015 (interest rate: 24% per annum, and one year from the date of borrowing) respectively.

C. When the non-party association borrowed each of the above money from the Defendant as collateral, the non-party association of medical expenses claims, which the non-party association holds or is expected to hold with respect to the Corporation, was operating the Non-party association with love care hospital at the time (hereinafter “the instant hospital”).

Each of the 5,000,000,000 won totaling 10,000,000 won (hereinafter “the instant claim”) was transferred to the Defendant, and at that time notified the Corporation of the assignment of the claim.

(hereinafter above, the assignment of claims to the above two recommendations is referred to as "transfer of claims of this case").

From February 9, 2015 to October 28, 2015, the Defendant received KRW 3,573,651,490 from the Service according to the instant assignment of claims, and notified the Service of the termination of the instant assignment of claims on October 28, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 14, the purport of the whole pleadings

2. Determination

A. As to the claim for return of unjust enrichment (main cause of claim) 1 Plaintiff’s assertion, the Defendant, in collusion with Nonparty Association’s creditors for the purpose of evading compulsory execution against the creditors of Nonparty Association, acquired the claim of this case, which is much more than the loan amounting to KRW 750,00,00 as security for the above loan amounting to KRW 750,000. The assignment of the claim of this case constitutes a false declaration of conspiracy

Therefore, the Defendant’s payment of KRW 3,573,651,490 from the Corporation to B, who is another creditor of the Nonparty Association, should return KRW 3,539,09,849 remaining after deducting KRW 34,641,641,641 to Nonparty Association.

Even if the assignment of claims in this case is not null and void.