1. The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2007Da340746 decided Oct. 10, 2008.

1. Basic facts

A. On September 18, 2007, the Defendant filed a lawsuit against the Plaintiff, C, etc. for damages as Seoul Central District Court 2007Kadan340746.

B. On October 10, 2008, the above court rendered a judgment that "the plaintiff jointly and severally with other defendants of the above lawsuit shall pay the defendant 95 million won and 5% per annum from January 4, 2008 to October 10, 2008, and 20% per annum from the next day to the day of full payment." The above judgment was finalized on September 8, 2009 due to dismissal of appeal.

(hereinafter referred to as “instant judgment” and the Defendant’s claim arising therefrom is referred to as “instant judgment claim”).

On the other hand, C repaid KRW 16,660,00 to the Defendant in relation to the claim for the judgment amount on October 30, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 5, significant facts in this court, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant transferred the claim of this case to D, so there is no obligation between the plaintiff and the defendant.

The Defendant’s rescission of the assignment contract after the instant lawsuit was filed constitutes abuse of rights.

Even if not,

All obligations have been repaid.

B. The Defendant alleged that the instant claim was transferred to D by the Defendant, but the issue of the notice of assignment of claims occurred, and thus the Defendant’s claim was rescinded on October 27, 2015, which eventually constitutes a legitimate creditor.

With respect to the claim for judgment of this case, only KRW 16,660,000 was repaid by C.

3. Determination

A. The grounds for raising an objection to a claim in a lawsuit of demurrer against the assignment of claims are the grounds for extinguishing all or part of the claims indicated in the executive title, or having them permanently or temporarily lose their validity. As such, the subject of the claim is changed, and thus the creditor.