1. The plaintiff's claim is dismissed.

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

1. The plaintiff asserts that the defendant is obligated to pay the amount stated in his claim to the plaintiff, since he acquired C's claim for the judgment amount in the loan case No. 98da69531 against the defendant.

The defendant asserts that the above judgment is not only a judgment obtained by deceiving the plaintiff and C to the court, but also the defendant has already repaid the loan amount of KRW 30,000,00 in the above judgment to the creditor, but also the plaintiff, who is aware of such circumstances, received a formal assignment of claims from C in his name and filed a claim for the same loan again against the defendant in his name, is unreasonable, and the plaintiff's claim is contrary to the principle

2. Determination

A. The facts of recognition (1) around May 9, 1996, the defendant requested that E, a director, who is the actual director and director of the corporation D (hereinafter "D") who served as his auditor, lend the amount of KRW 30,000,000 with the marriage fund. The plaintiff who was managing the company fund as a director of D around that time was instructed to lend the above funds from E, but the execution was conducted on May 28, 1996, but was withdrawn from D's deposit account on the 16th of that month, and kept at D's deposit account on the 100,000,000,000 won for the check (the check number No. 30,000,000 won for the first issue number of the commercial bank) and received the above 30,000,000 won for the loan from the defendant, and 10,000,000 won for the loan and 30,000,000 won for the above 30.

(2) On August 28, 1998, the Plaintiff filed a lawsuit seeking payment of KRW 30,000,000 for loans against the Defendant in the name of C pursuant to the above loan certificate (the foregoing Busan District Court 98Da69531).

The plaintiff is directly present at the pleading as the legal representative of C in the above lawsuit and C is present at the 14th day for pleading.