1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 29, 2011, C issued four copies of cashier’s checks to the Defendant. On April 4, 2011, C transferred KRW 10,000,000 to the Defendant’s bank account (new bank D) and KRW 40,000,000 on May 11, 201, respectively.

B. C transferred a loan claim amounting to KRW 120,00,000 to the Plaintiff on the premise that the Defendant had a loan claim amounting to KRW 120,000,000 (hereinafter “transfer of claim”), and instead of C, the Plaintiff notified the Defendant of the transfer of claim by serving the duplicate of the instant complaint on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 2-1, 2, and Gap evidence 3, the purport of the whole pleadings

2. The parties' assertion

A. On February 29, 201, Plaintiff C is obligated to pay the Plaintiff the interest and delay damages from September 6, 201, 201, the sum of KRW 120,000,000,000, and KRW 120,000,000 on April 4, 201, and KRW 120,000,000 on May 11, 201, with interest rate of 12% per annum, with a loan claim equivalent to KRW 120,00,000. However, the Plaintiff transferred the above loan claim to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 120,00,00 and the interest and delay damages from September 6, 201.

B. Defendant 1) The act of Defendant C’s transferring a loan claim to the Plaintiff constitutes an assignment of claim that mainly focuses on procedural acts and thus is null and void. 2) C lends KRW 120,000 to E, not the Defendant, to E. However, the payment of principal and interest was made through the Defendant’s bank account. Thus, the Plaintiff’s request for loan payment cannot be complied with.

3. Determination

A. In a case where the assignment of claims, etc. is primarily carried out with respect to the claim for a lawsuit trust, even if the assignment of claims does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201) shall be deemed null and void by analogy, and it is deemed as the main purpose of allowing the litigation to be conducted.