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1. All of the lawsuits of this case in exchange for another time in the trial shall be dismissed;
2. The Plaintiff’s total costs of litigation.
Reasons
1. The court's explanation on this part of the basic facts is the same as the statement in the "1. Basic Facts" of the court of first instance. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on this safety defense
A. The Plaintiff’s assertion 1) The Plaintiff did not pay KRW 95 million to D until June 30, 2013, and the agreement on the transfer of 5,000 shares of the Plaintiff was invalidated. On August 14, 2013, D transferred all rights to the Plaintiff with respect to 5,000 shares (hereinafter “instant transfer of rights”).
(2) As such, the Defendant asserts that the instant assignment of claims is invalid by analogy Article 6 of the Trust Act, as it mainly focuses on allowing the Plaintiff to conduct the instant litigation. As such, Article 6 of the Trust Act is applied by analogy.
B. 1) In a case where the assignment of claims, etc. primarily with the aim of enabling a person to conduct procedural acts, even though the assignment of claims does not constitute a trust under the Trust Act, Article 7 of the former Trust Act (wholly amended by Act No. 10924, Jul. 25, 201)
Therefore, Article 6 of the current Act applies mutatis mutandis, and thus, the determination of whether to conduct procedural acts is the primary purpose should be made in light of the following circumstances: (a) the process and method of concluding the assignment contract of claims; (b) the time interval between the transfer contract and the filing of the lawsuit; and (c) the personal relationship between the transferor and the transferee (see, e.g., Supreme Court Decision 2012Da23412, Mar. 27, 2014). (b) In light of the above legal principles, the health class for the instant case; (c) the evidence mentioned earlier; and (d) the evidence mentioned above; and (d) Gap’s evidence Nos. 6, 10, 11, and 17 (including a serial number; hereinafter the same shall apply); and (d) the testimony of the witness witness D at the trial, namely, the Plaintiff shall pay D KRW 95 million to D; and (e) the attached list from D.