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1. The plaintiff's claim against the defendant C shall be dismissed. The claim against the defendant D shall be dismissed.
2. The plaintiff's defendant.
Reasons
1. Part of the claim against the defendant C
A. As to this safety defense (the part of the claim against the defendant) (1) Defendant C constitutes a litigation trust in which the assignment of claims between the plaintiff and D is mainly responsible for litigation, and thus, the part of the claim against the defendant C should be dismissed.
(2) In a case where the assignment of claims, etc. primarily takes place with the aim of enabling the litigation of relevant legal principles, Article 7 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 by analogy. Whether it is the primary purpose of making the litigation be determined in light of all the circumstances, including the details and methods of concluding the assignment of claims contract, time interval between the transfer contract and the lawsuit, and the identity relationship between the transferor
(3) In light of the following circumstances that are acknowledged by the facts and the purport of the entire pleadings in this court, i.e., the Plaintiff and D’s husband and wife, i.e., the Plaintiff’s claim for a claim on the Plaintiff’s respective books, ii) the Plaintiff asserted that the claim was taken over after the Plaintiff’s claim was filed, and iii) the claim on the above books was taken over from D during the instant lawsuit, the assignment of claims between the Plaintiff and D was deemed to have been made with the main purpose of enabling litigation, and thus, the part of the claim that was taken over from D among the Plaintiff’s claim against Defendant C is unlawful.
B. On the merits, the Plaintiff asserts that, under the premise that the Defendant prepared a letter of commitment to compensate the Plaintiff for the amount of KRW 150 million up to November 27, 2018, the Defendant sought payment of KRW 150,000,000 as agreed money under the said letter of commitment.
(b) however,