1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 1, 2015, the Defendant entered into a contract between the Defendant and B (hereinafter “B”) with the Defendant to manufacture and supply the microwab drying facilities to be used by the Defendant at KRW 5.6 million.

B. C’s remittance 1) B’s representative director is D, and C’s inside director is D’s wife. 2) C wired KRW 64 million to the Defendant on May 16, 2016.

3) Around July 2016, the Defendant drafted a certificate of borrowing KRW 64 million retroactively as of May 16, 2015 (hereinafter “the instant loan claim”).

C. C. As of June 24, 2017, C concluded a contract with the Plaintiff on the assignment of claims for the instant loan.

The plaintiff is a partner of C.

2) On September 14, 2017, C notified that the instant loan claim was transferred to the Plaintiff by content-certified mail (hereinafter “transfer of claim in this case”).

(3) The above content-certified mail was delivered to the Defendant on September 15, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff C lent money to the defendant from his parent or her mother E, and the plaintiff managed the property of his parent or sibling.

C If C was not able to return the money, it transferred the instant loan claim to the Plaintiff and notified the Defendant, so the Defendant is obliged to repay the instant loan claim to the Plaintiff.

B. Defendant 1) The assignment of the instant loan claim to the Plaintiff by Defendant 1 constitutes a litigation trust, and thus, the instant lawsuit is unlawful. 2) On the merits, Defendant 1 lent KRW 64 million to the Defendant for the purpose of concluding a contract for the manufacture and supply of microwab construction facilities. As such, the obligee of the instant loan claim is not C but B.

B. ..