1. The instant lawsuit shall be dismissed.

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

1. Judgment on the defendant's main defense of safety

A. The gist of the Defendant’s assertion is C’s spouse, and C lent a total of KRW 90 million to the Defendant during the period from November 2, 2013 to January 6, 2014 (hereinafter “instant claim”). The Plaintiff sought payment of KRW 90 million against the Defendant on the ground that C acquired the instant claim against the Defendant from C on September 24, 2014.

As to this, the defendant argues to the effect that the lawsuit of this case is unlawful, since the plaintiff acquired the claim of this case from C mainly for the purpose of conducting litigation.

B. 1) In a case where the assignment of a claim is primarily carried out for the purpose of having a procedural act, Article 6 of the Trust Act shall apply mutatis mutandis even if the assignment of claim does not constitute a trust under the Trust Act. Whether it is the principal purpose of this case shall be determined in light of the following circumstances: (a) the process and method of concluding the assignment of claim contract; (b) the time interval between the transfer contract and the lawsuit; and (c) the relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decisions 2004Da8371, Jun. 25, 2004; 206Da463, Jun. 27, 2006); (b) the first, the evidence Nos. 1, 2, 3; (c) Nos. 1, 2, and 3 (including various numbers); and (d) the relationship between the assignment of claim and the trust property under the Trust Act, even if the assignment of claim is mainly carried out by the plaintiff, shall not be deemed null and void.

C is the defendant.