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1. The plaintiff's lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion that Nonparty C, D, and E jointly operated the livestock products supplied to the Defendant under a continuous supply contract, but there was a claim for the purchase price of the goods unpaid by the Defendant, and the Plaintiff received the transfer of KRW 73,417,184 from Nonparty D’s claim for the purchase price of the goods (hereinafter “first transfer”) on March 7, 2012, and thus, the Plaintiff was additionally assigned KRW 43,803,442 to the Defendant’s claim for the purchase price of the goods (hereinafter “second transfer”) and KRW 43,803,442 as of January 14, 2014.
B. The Defendant’s assertion is that the Plaintiff merely held a claim for refund of KRW 26,581,062 against F, and paid all the price of the goods supplied. Since F, E confirmed it, the Plaintiff’s claim cannot be complied with. Moreover, since the first and second transfers were conducted for debt collection through litigation, the Plaintiff’s lawsuit constitutes a litigation trust, and thus, is unlawful.
2. In a case where the assignment, etc. of a claim is primarily conducted for judgment as to the legitimacy of a lawsuit, Article 7 of the Trust Act shall be deemed null and void because Article 7 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 litigation shall be determined in light of all the circumstances, such as the process and method of concluding the contract of the transfer of claim, the time interval between the transfer contract and the filing of
(see, e.g., Supreme Court Decision 200Da4210, Dec. 6, 2002). In light of the above legal principles, the following circumstances, namely, ① F is jointly operated by C, D, and E, comprehensively taking into account all the descriptions of health care units, Gap evidence 1, 20, Eul evidence 2, and 3 as well as all the arguments in the instant case:
Since March 22, 2012, C shall withdraw and D and E.