1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 25, 2014, the Defendant entered into a contract for construction works of Korea Building Corporation (hereinafter “Korea Building Corporation”) with the construction cost of 2.31 billion won, and the construction period of 2.3 billion won from March 1, 2014 to August 31, 2014, and finally changed the construction cost of 2.42 billion won on March 3, 2015, and the construction period from March 1, 2014 to March 3, 2015.

On March 3, 2015, Hans Construction completed the instant construction and delivered the said commercial building to the Defendant.

B. D from the Kits Construction on October 4, 2014, from the Kits Construction, the Tits Corporation was awarded a subcontract of 3,344,00 won for the Tits Corporation, and the Tits Corporation was awarded a subcontract of 7,7550,000 won for the stone (hereinafter “instant subcontract”).

C. Around January 2017, D transferred to the Plaintiff the “14,119,000 won out of the claim 152,119,000 won for the instant construction work against the Defendant,” and notified the Plaintiff of the said assignment of claims on January 24, 2017 with content certification, and the said notification reached January 26, 2017.

[Ground of recognition] Facts without dispute, Gap's 1 through 6, 12, 13 evidence, Eul's entry and the purport of the whole pleadings

2. The defendant asserts that the judgment on the defense prior to the merits constitutes a litigation trust, the main purpose of which is to allow the assignment of claims of this case to proceed with litigation, and thus, is unlawful.

In a case where the assignment, etc. of a claim primarily takes place for the purpose of making another person conduct an act of litigation, Article 7 of the Trust Act shall be applied mutatis mutandis even if the assignment of claim does not fall under a trust under the Trust Act, so it shall be null and void. Whether the main purpose is to conduct an act of litigation is to be determined in light of all the circumstances, including the process and method of concluding the assignment of claim contract, interval between the transfer contract and the filing of the lawsuit, and the status relationship between the transferor and the transferee (Supreme Court Decision 2000Da4210 Decided December 6, 2002).