1. The instant lawsuit shall be dismissed.

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

1. The Defendant’s defense prior to the merits asserted that the Plaintiff acquired the goods payment claim amounting to KRW 335,818,219 against the Defendant from the non-party limited company B (hereinafter “non-party company”), which is a Japanese corporation, (hereinafter “non-party company”), and filed a claim against the Defendant for the payment of the relevant money. Accordingly, the Defendant’s lawsuit of this case is unlawful because it has lost Article 6 of the Trust Act, which is the prohibition provision on trust.

2. Article 6 of the Trust Act provides that "a trust mainly aiming at having a trustee conduct a procedural act shall be null and void." In a case where the assignment of claims is transferred mainly for the purpose of having a trustee conduct a procedural act, Article 6 of the Trust Act shall be null and void by analogy even if the assignment of claims does not constitute a trust under the Trust Act. Whether allowing a trustee to conduct a procedural act is the primary purpose shall be determined in light of all the circumstances, such as the details and methods of the assignment of claims contract, the time interval between the transfer contract and the lawsuit, and the status relationship between the transferor and the transferee

(See Supreme Court Decision 200Da4210 Decided December 6, 2002). Meanwhile, a voluntary lawsuit trust, in principle, is not allowed where the subject of the right to manage and dispose of the rights or legal relations which are the subject of a lawsuit in a property right, entrusts a third party with the relevant lawsuit. However, it is not a deviation to avoid the principle of representation by attorney under Article 87 of the Civil Procedure Act or the prohibition of the litigation trust under Article 6 of the Trust Act, but can be allowed in exceptional or limited cases where reasonable grounds for recognition and necessity exist.

(See Supreme Court Decision 2014Da87885, 87892 Decided December 15, 2016). 3. Each description of “A” Nos. 1, 4, and 6 (including branch numbers).