1. Revocation of the first instance decision;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 7, 2004, the Plaintiff filed a lawsuit against the Defendant claiming a loan with the Busan District Court 2004Kadan53513, and on August 13, 2004 in the above case, the conciliation was concluded that “the Defendant shall pay the Plaintiff KRW 73,00,000 to the Plaintiff by August 31, 2004. If the Defendant fails to pay the above amount by the payment date, the payment shall be made by adding the damages for delay at the rate of 20% per annum from the date of delay to the date of full payment.”

(hereinafter referred to as “instant claim”) claims upon the completion of the conciliation. (B)

D As of April 22, 2015, the Plaintiff prepared a certificate of assignment of claims (hereinafter referred to as “certificate of assignment of claims of this case”) stating that “the Plaintiff shall transfer the instant claims to D,” and sent a notice of assignment of claims (hereinafter referred to as “written notice of assignment of claims of this case”) to the Defendant by content-certified mail on April 29, 2015. The above content-certified mail was served to the Defendant around that time.

C. On August 12, 2016, the Defendant filed an application for bankruptcy and exemption with the Busan District Court Decision 2016Hadan1576, 2016Ma1576, the Defendant filed an application for bankruptcy and exemption. On August 8, 2017, the said court rendered a discontinuation of bankruptcy and exemption against the Defendant, and the said decision became final and conclusive on August 23, 2017 (hereinafter “instant immunity”). The creditor’s list submitted in the bankruptcy and exemption procedure was recorded as D with the obligee’s claim.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1 through 7, part of witness D of this court, and the purport of the whole pleadings

2. Summary of the assertion

A. The Plaintiff did not transfer the instant claim to Plaintiff D, and since the instant certificate of assignment of claims and notice of assignment of claims are not prepared by the Plaintiff, the effect of the instant immunity decision does not extend to the Plaintiff.

After mediation in the previous lawsuit between the plaintiff and the defendant, the plaintiff is a compulsory auction case in 2007.