1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. Of the total costs of litigation, the Plaintiff and the Defendant.

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the main defense of this case

A. The Defendant’s gist of the Defendant’s assertion was that the Plaintiff’s Intervenor (hereinafter “ Intervenor”) transferred the instant claim to the Plaintiff with the primary view of having the Plaintiff conduct litigation, and thus, the said assignment of claim constitutes a lawsuit trust and is null and void, and the instant lawsuit based on the premise of the said assignment of claim is unlawful. As such, the Defendant’s instant

B. In a case where the assignment of claims is primarily carried out for judgment litigation, Article 7 of the Trust Act shall be deemed null and void, even if the assignment of claims does not fall under a trust under the Trust Act. Whether it is the primary purpose of the litigation is to be determined in light of the following circumstances: (i) the process and method of concluding the assignment of claims; (ii) the time interval between the transfer contract and the filing of the lawsuit; and (iii) the status relationship between the transferor and the transferee, etc. (see, e.g., Supreme Court Decisions 2003Da20909, 20916, Mar. 25, 2004; 2017Da272103, Oct. 25, 2018; 2017Da272103, Oct. 25, 2018; hereinafter the same shall apply); and (iv) the circumstances acknowledged by the witness testimony and the entire purport of oral argument of the intervenor; and (iv) the circumstance and extent of the transfer of claims in this case where the defendant presented evidence.