1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

1. Progress of the instant case

A. The Plaintiff filed a claim for reimbursement against B at the first instance court, but the first instance court dismissed the Plaintiff’s claim, and the Plaintiff appealed against this.

B. Meanwhile, on October 17, 2016, after the closing of the first instance trial, B was declared bankrupt on October 17, 2016 by the Seoul Central District Court Decision 2016Hadan582, and the Defendant was appointed as the bankruptcy trustee B on the same day.

C. On November 18, 2016, the Defendant, the trustee in bankruptcy, filed a written application for the continuation of the litigation procedure with the Defendant as the trustee in bankruptcy, and the Plaintiff sought the confirmation of the bankruptcy claim corresponding to the claim for reimbursement, etc. against the Defendant who taken over B, and amended the purport of the instant application.

The defendant denies the existence of the claim for reimbursement against the plaintiff.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The grounds for the judgment on this case are as follows: (a) the first instance court’s determination on whether to recognize the Plaintiff’s claim for reimbursement, etc. is consistent with the grounds for the judgment of the first instance, except where the first instance judgment, on the first instance judgment, “the Defendant” as “B,” and “6” as “14 (including each number),” respectively; and (b) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. If so, the plaintiff's claim that was changed in exchange at the trial is without merit, and it is dismissed. It is so decided as per Disposition.

(The judgment of the court of first instance was invalidated as a lawsuit for a claim, such as an indemnity amount, was withdrawn due to a change in the exchange of a lawsuit at the trial of the party.