The judgment of the first instance shall be revoked.

The plaintiff's lawsuit of this case is dismissed.

All costs of a lawsuit shall be borne by each party.

1. Basic facts

A. The E limited liability company (hereinafter “E”) acquired the FF company’s credit card usage payment claim against the Defendant, and filed a lawsuit against the Defendant for the claim for the amount of transfer money under the Sung-nam Branch of Suwon District Court 2006da10124. On May 4, 2006, the above court rendered a judgment on the following: “The Defendant shall pay to the non-party company the amount of KRW 35,718,913 and the amount of KRW 20,040,00 per annum 20% per annum from March 31, 2006 to the date of full payment” (hereinafter “the preceding judgment”). The above judgment became final and conclusive around that time.

B. On February 29, 2008, the non-party company transferred to D Co., Ltd. a claim against the defendant under the preceding judgment of this case, and notified the defendant on May 6, 2008.

C. D Co., Ltd. was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as bankruptcy trustee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff, a trustee in bankruptcy of the D Co., Ltd. who acquired the claim under the preceding judgment of this case from the non-party company the amount of KRW 35,718,913 and the principal amount of KRW 20,040,000, a delay damages calculated at the rate of 20% per annum from March 31, 2006 to the date of complete payment. The plaintiff has the interest to file the lawsuit of this case for the interruption of extinctive prescription of the claim under the preceding judgment of this case.

B. Comprehensively taking account of the overall purport of the arguments in the evidence evidence Nos. 1 to 4 of the Defendant’s 1, the Defendant rendered a bankruptcy and application for immunity as prescribed by Suwon District Court Decision 2017Hadan122, 2017Ma1122 on March 24, 2017, and the said court rendered a declaration of bankruptcy against the Defendant on July 18, 2017, and decided to discontinue the bankruptcy and grant immunity on September 28, 2017.