1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The reasons for the acceptance of the judgment of the court of first instance are as follows: “Entry of No. 9” in Part 6 of Part 8 of the judgment of the court of first instance is as “Entry of No. 3 and 8”, and the reasons for the judgment of the court of first instance are as follows, except for the addition of the judgment of the new argument made by the defendant in this court: therefore,

2. Judgment on the new argument in this Court

A. (1) The Defendant asserts that, inasmuch as the Plaintiff received a claim for defect repair expenses from a non-party company for the purpose of filing the instant lawsuit, the said assignment of claims constitutes an act of trust in a lawsuit, and thus, the part of the claim for defect repair expenses in the instant lawsuit is unlawful.

(2) In a case where the assignment of claims is primarily carried out with respect to making judgment litigation, Article 6 of the Trust Act applies mutatis mutandis even if the assignment of claims does not constitute a trust under the Trust Act, and thus, is null and void. Whether it is the primary purpose of making litigation is to be determined in light of all the circumstances, including the details and methods of concluding the assignment of claims, interval between the transfer contract and the filing of the lawsuit, and the personal relationship

(see, e.g., Supreme Court Decisions 200Da4210, Dec. 6, 2002; 2012Da23412, Mar. 27, 2014). In light of the following, it is difficult to recognize that the evidence submitted by the Defendant solely based on the evidence submitted by the Defendant was transferred the claim for defect repair expenses solely on the ground that the Plaintiff was engaged in the litigation, and there is no other evidence to acknowledge this otherwise.

Rather, on February 16, 2013, the Plaintiff, as the representative of the transferee, subrogated for KRW 121,125,465 of the non-party company’s debt owed by the Defendant after having taken over the shares and construction business of the non-party company. The fact that the instant kindergarten corporation and the instant processing center repair cost were paid by the Plaintiff in the name of the non-party company.