1. The plaintiff's claim is dismissed.

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

Basic Facts

According to Gap evidence Nos. 1 through 4, on May 6, 2016, the defendant signed a loan certificate stating "138,800,000 won from C" (hereinafter "the loan certificate of this case") and delivered it to C with a seal affixed thereon. On August 23, 2016, the defendant signed and affixed it to the issuer column of promissory notes stating "138,880,000 won on the face value, the due date, August 10, 2016, the date of payment, and May 6, 2016." On August 16, 2016, C transferred to the plaintiff a loan of KRW 138,880,00 to the defendant stated in the loan certificate of this case (hereinafter "loan certificate of this case"), and notified the defendant of this on August 23, 2016.

The plaintiff asserts that the transfer of the loan claim of this case was null and void because the transfer of the loan claim of this case was made solely by taking over the loan claim of this case from C without paying any compensation, and the transfer of the loan claim of this case constitutes a litigation trust.

In light of the Plaintiff’s assertion that the Plaintiff received the instant loan claim in return for lending money to C, but the Plaintiff did not submit any evidence supporting this, there is room to suspect that the instant loan claim was transferred for the main purpose of litigation. However, there is no particular evidence to acknowledge the Defendant’s defense. Thus, the Defendant’s prior defense on the merits is without merit.

The Plaintiff’s assertion that the Plaintiff’s assertion as to the merits is that “C borrowed KRW 138,80,000 from C by calculating interest from the Defendant on May 6, 2016, on nine occasions from around September 201 to December 2012, a sum of KRW 97,00,000 to KRW 98,00 in cash (hereinafter “instant loan”) and then borrowing KRW 138,80,000 from C.”