1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On January 29, 2015, the Plaintiff asserted that: (a) concluded the instant delegation agreement with the Defendant on behalf of the Defendant regarding the registered government case of Chuncheon District Court 2014B8; and (b) paid KRW 5,500,000 to the said court, the Defendant did not submit the delegation agreement to the said court, but did not proceed with the lawsuit; (c) on March 7, 2016, the said court rendered a decision to dismiss the appeal.

Therefore, the Defendant, on January 30, 2015, is obligated to take over the above delegation fee repayment claim from C on behalf of C, and return the delegation fee to the Plaintiff, on July 20, 2017, who notified the assignment of the above assignment of claims, on behalf of C.

2. The transferor cannot set up a defense against the obligor or any third person unless the obligor has notified the obligor or has consented thereto.

(Article 450(1) of the Civil Act: Provided, That the notification of assignment of claims is unlimited to the transferor, instead of directly performing the transferor, through a private person or by proxy, and the transferee of the claims may also be delegated with the authority of giving notice of assignment of claims from the transferor, and give such notice as his representative.

(See Supreme Court Decision 2003Da43490 Decided February 13, 2004). According to the Plaintiff’s evidence No. 4, the Plaintiff stated that “A” and “C transfer the above delegation fee refund claim to the Plaintiff by content-certified mail, and notify the Defendant of the assignment of the claim,” on July 20, 2017. The lower court stated each of “C agent A, who is the above notification,” and the Plaintiff’s seal affixed to the Plaintiff’s name.

However, on September 21, 2017, the Plaintiff appeared on the first day for pleading of the trial and stated that C had already died one year and six months prior to the date for pleading of the trial. Even if the Plaintiff was delegated the authority to notify the assignment of the above claims by C as the Plaintiff’s assertion, the right of representation is extinguished upon the death of the principal (Article 127(1) of the Civil Act), and the Plaintiff’s notification on behalf of C.