1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and conjunctive claim are all dismissed.

3...

Basic Facts

On March 24, 2014, the Plaintiff and C concluded an agreement on the assignment of claims (hereinafter “instant agreement on the assignment of claims”) stating that “C shall transfer to the Plaintiff an amount equivalent to KRW 100,000,000,00 among the claims it owns against the Defendant, and shall delegate all acts necessary for notification of the assignment of claims (e.g., preparation of a notice of assignment, submission and sealing of the transferor, and delivery of content-certified mail) to the Plaintiff.”

Around September 17, 2015, the Plaintiff sent to the Defendant a notice of assignment of claims attached to the instant claim transfer contract (notarial deed) by content-certified mail on behalf of C, and the Plaintiff’s complaint of this case and the written brief dated April 26, 2016, and documentary evidence submitted by the Plaintiff were sent to the Defendant on April 21, 2016 and May 2, 2016, respectively.

Meanwhile, “A transferor” of the upper end of the contract for D Co., Ltd. (hereinafter “D”) includes the name of each E, but at the time, E was the representative director of D at the time, and the address indicated as D is also the head office of D; “B transferee” and “A transferor” unlike “B” and “B debtor”, the “B transferor” stated the business number other than resident registration numbers; and “D” at the bottom of the contract refers to the “B transferor” and the “D” affixed the official seal of D’s representative director, etc., the “A transferor” of the above contract can be deemed as D.

on January 25, 2014, both C and C entered into an assignment contract as follows:

(hereinafter “instant contract for the transfer of claim 2”). The transferee E appears to be a clerical error in the obligor C C.

Defendant

1. A transfer to B of 100,000,000 won out of the loan claims which A has against Byung who is a garnishee; and

2. Eul shall be granted, on its behalf, direct and indirect legal authority to recover the above amount from Byung.

There is no objection against A.

3. A shall prepare a notice of assignment of claims.