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1. The plaintiff's lawsuit against the trustee in bankruptcy, who is the taking over of the lawsuit against the defendant A corporation, shall be dismissed;
2. Defendant C.
Reasons
1. Determination as to the claim against B by the trustee in bankruptcy, who is the taking over of the lawsuit against the defendant A.
A. The claim for property arising from the cause before the debtor is declared bankrupt shall be a bankruptcy claim, and the bankruptcy claim shall not be exercised without resorting to bankruptcy procedures. On May 14, 2014, the Seoul Central District Court declared bankrupt by A, B was appointed an attorney-at-law as a bankruptcy trustee of A at the time of the declaration of bankruptcy, and the reporting period was determined on July 31, 2014, and the Plaintiff filed the instant lawsuit against A prior to the bankruptcy on March 12, 2014, seeking the repayment of the instant loan as seen below, and the fact that A’s bankruptcy trustee of A submitted a written application for a request for resumption of lawsuit to this court on or around July 3, 2014 is apparent in the record.
B. The instant loan claims sought by the Plaintiff constitute a bankruptcy claim based on a loan agreement concluded before bankruptcy is declared, and the instant lawsuit seeking the payment of the instant loan to the bankruptcy trustee who is the bankruptcy trustee of Defendant A, Inc., a bankruptcy claim against the Plaintiff, which is a bankruptcy claim, is unlawful since the Plaintiff’s claim for performance under the general civil procedure is not subject to bankruptcy procedure, and thus, it
2. Comprehensively taking account of the overall purport of the arguments in the statement in Gap evidence Nos. 1 and 5 (including each number) as to the claim against defendant C, the fact that the Bank of Korea established a company prior to the bankruptcy on June 30, 2007 with a delay compensation rate of less than KRW 200 million in the amount of less than 17% per annum and 19% per annum in the amount of not less than three months (hereinafter referred to as "the loan claim of this case") and the defendant C established a collateral guarantee with a representative director of the company A prior to the bankruptcy as the representative director of the company A prior to the bankruptcy, with a limit of KRW 240 million in the amount of the loan claim of this case on June 27, 2007, and it acquired the loan claim of this case in sequence, and around that time.