1. The instant lawsuit shall be dismissed.

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

1. Determination as to whether a lawsuit trust is held (determination as to this safety defense)

A. The Plaintiff asserts that (a) the Plaintiff claimed payment of KRW 43,00,000 from C Co., Ltd. (hereinafter “C”) and KRW 8,100,000,000, the sales price of KRW 43,000 owed by C against the Defendant and KRW 8,10,000, the construction price of the construction price of the Co., Ltd. (hereinafter “AD”) was transferred to the Defendant via C, and the Plaintiff claimed payment of the acquisition price of KRW 51,10,000 and damages for delay.

As to this, the defendant asserts that even if the plaintiff received the above total amount of KRW 51,00,000 from C, it constitutes a trust of lawsuit and thus null and void because it is mainly for conducting litigation.

(In the case of a litigation trust, the claim for the acquisition amount is illegal, so the defendant's defense constitutes a defense of principal safety).

Judgment

1) In a case where the assignment of claims, etc. primarily takes place with the intention of allowing the transfer of claims, even though the assignment of claims does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201) is null and void by analogy. Whether it is the primary purpose of having the transfer of claims is to be determined in light of all the circumstances, including the process and method of concluding the contract for the transfer of claims, the interval between the transfer and the filing of the lawsuit, and the relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decisions 2012Da23412, Mar. 27, 2014; 200Da4210, Dec. 6, 2002).

Therefore, the plaintiff is from C.