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1. The main plaintiff's lawsuit shall be dismissed;
2. The plaintiff's claim against the conjunctive defendant is dismissed.
3...
Reasons
1. Judgment as to the primary plaintiff's claim
A. The parties' primary assertion that the plaintiff was transferred the above claim against the defendant from the preliminary plaintiff holding the claim of KRW 100,000,000,000. Thus, the defendant asserts that the defendant is obligated to pay the above claim of KRW 100,000,000 to the primary plaintiff, and that the defendant is obligated to pay the above claim of KRW 100,000,000 and the delay damages therefor to the primary plaintiff. Accordingly, the defendant asserts that the lawsuit of this case was filed by taking the form of assignment of claim as a principal
B. In a case where the assignment, etc. of a claim is primarily carried out for judgment litigation, Article 7 of the former Trust Act shall apply mutatis mutandis even if the assignment of claim does not fall under a trust under the Trust Act, and thus, is null and void. Whether it is the principal purpose of litigation shall be determined in light of all the circumstances, including the process and method of concluding the assignment contract of claim, the interval between the transfer contract and the lawsuit, and the personal relationship between the transferor
(2) On December 6, 2002, in light of the following circumstances: (a) No dispute exists between the parties, or the overall purport of the pleadings, the primary plaintiff is the employee of the legal office, and the primary plaintiff is the employee of the preliminary plaintiff who was aware of each other while providing legal counseling services to the plaintiff; and (b) the primary plaintiff was not refunded money to the defendant; (c) the primary plaintiff did not lend money to the defendant; and (d) the primary plaintiff was aware of the fact that the primary plaintiff had been able to receive money from the defendant; and (d) the primary plaintiff was able to receive money from the defendant; and (e) there was no obligation between the primary plaintiff and the preliminary plaintiff.