1. The instant lawsuit shall be dismissed.

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

1. On May 2016, the Plaintiff entered into a contract with C for the transfer of claims, such as the transfer of claims and the delegation of a lawsuit (hereinafter referred to as “instant contract for the transfer of claims, etc.”). Based on the contract with the transfer of claims, etc. of this case, the Plaintiff filed an application for conciliation with the Defendant for the payment of the amount stated in the claim in the separate sheet by asserting that the transfer of claims, etc. of this case is

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The Defendant raises a defense to the effect that “the instant contract on the assignment of claims, etc. is null and void by the assignment of claims for the purpose of lawsuit.”

In a case where the assignment of claims, etc. is primarily performed for the purpose of making another person conduct litigation, Article 6 of the Trust Act shall be deemed null and void, even if the assignment of claims 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, including the process and method of concluding the assignment of claims contract, interval between the transfer contract and the lawsuit, and the relationship between the transferor and the transferee, etc.

(See Supreme Court Decision 2012Da23412 Decided March 27, 2014, and Supreme Court Decision 2000Da4210 Decided December 6, 2002, etc.). The Plaintiff, in the text and content of the instant contract, including the assignment of claims, and the process of conclusion, stated that “C must proceed with the instant lawsuit at the Plaintiff’s location” in the reference documents for reference on October 25, 2016, stating to the effect that “C is not good body and his residence and became the Plaintiff to perform the instant lawsuit,” and that litigation is the principal purpose of the instant contract, such as the assignment of claims.

Comprehensively taking account of all the circumstances such as the method and manner, the assignment of claims in this case is null and void since C mainly intended to have the Plaintiff conduct litigation.

3. The instant lawsuit is brought by a person who is not qualified as a party.