1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. The reasoning for this part of the facts of recognition is the same as that of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) The assignment of claims of this case is null and void for the following reasons. The Plaintiff, a creditor of this case, sought payment of the money received by the Defendant based on the instant assignment of claims, which is null and void for the cause of return of unjust enrichment by subrogation of A, who is insolvent.

① Although the obligor of the instant claim is Fhigh school, the assignment contract of the instant claim is written by the third obligor as the educational foundation E-university, and the date of preparation is not specified. The assignment contract of the instant claim is invalid due to serious defects.

② In the event that a debtor is in default and is expected to recover the above construction price from the F High School through the account in the name of passbook A, and the above construction price is anticipated to not be used as the operating capital of A, A entered into a contract for the assignment of the instant claim in collusion with the defendant, even though he did not intend to transfer the instant claim, with the intention of receiving the construction price from the above school through the defendant and using it as the operating capital. Thus, the assignment of the instant claim is null and void as a false declaration of conspiracy.

(2) Even if the instant assignment contract is not a false conspiracy, the agreement was concluded between the Defendant and A that the Defendant would return the said construction price to A upon the receipt of the construction price from the said school according to the instant assignment of claims (hereinafter “instant return agreement”). As such, the Defendant received the said construction price from the said school, the Plaintiff received the said payment from the said school, and the Plaintiff received the payment to the Defendant on behalf of A, who is insolvent pursuant to the instant return agreement, and this is related thereto.