1. The plaintiff's claim is dismissed.

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

1. The plaintiff asserted that on November 28, 1996, the non-party Daegu Lease Bank Co., Ltd. entered into a factoring contract with the non-party B and the above company to acquire and manage the sales claim of B and provide factoring financing. The above company was transferred the sales claim of B pursuant to the factoring contract, and thereafter, the above company transferred the sales claim of B to the Korea Lease Bank Co., Ltd., and thereafter, the plaintiff completed the final acquisition of the above claim and completed the notification of the assignment of claims to the defendant. Thus, the defendant asserts that the sales claim and the delay damages arising from the above sales claim should be paid to the plaintiff.

2. The defendant asserts to the effect that the lawsuit in this case is not a party to the lawsuit in this case, and that the lawsuit in this case should be dismissed accordingly. However, in the lawsuit for performance, the standing to be a party exists in the person who asserts that the right to demand performance exists, which is a subject matter of lawsuit, and whether the right to demand performance exists or not shall be proved through the deliberation of the merits (see Supreme Court Decision 2003Da44387, Oct. 7, 2005), and the defendant's main defense against the safety of the lawsuit in this case shall not be rejected.

3. Prior to determining whether the Plaintiff’s claim for judgment on the merits was justifiable, the Plaintiff’s defense of extinctive prescription against the Defendant B’s sales claim (in-house bills) that was taken over against the Defendant, and thus, the claim is considered first.

The Plaintiff asserted that the claim was transferred under the bill issued by the Defendant in the application for the instant payment order, but the Plaintiff asserted that the claim was transferred without any specific specification in the application for modification of the purport of the claim and the cause of the claim.

First of all, as to the assertion that the Plaintiff was transferred to the Defendant’s claim on the bill issued by the Defendant, the record of the statute of limitations No. 3 is written.