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1. The plaintiff's bankruptcy debtor C's bankruptcy debtor C's bankruptcy trustee shall be dismissed.
2. Defendant B.
Reasons
1. The fact of recognition is that the Plaintiff is a person who runs the wholesale and retail business of scrap iron and non-ferrous iron with the trade name of "E", and the Defendant B Co., Ltd. (hereinafter "Defendant Co., Ltd.") is a company that aims at housing construction business, etc., and C is a joint representative director of the Defendant
On July 22, 2009, the Defendant Company agreed to sell scrap metal and scrap metal generated from the “SKKKFF” to the Plaintiff (hereinafter “instant agreement”), and received advance payment of KRW 1 billion from the Plaintiff on the same day, but failed to comply with the agreement.
Accordingly, on September 1, 2010, the Defendant Company drafted and ordered the Plaintiff on December 31, 2010 a letter of payment stating that “to return advance payment of KRW 800 million by December 31, 2010” (hereinafter “instant letter of payment”).
However, on December 31, 2010, Defendant Company failed to return the said KRW 800 million by the date, and on January 11, 2011 and December 3, 2012, the Plaintiff prepared and sent to the Plaintiff each of the following contents (hereinafter collectively referred to as “each of the instant notifications”).
[As of January 11, 201] Each letter: C promises that approximately KRW 800,000,000,000,000,000,000 from Suwon SKKK, shall be entrusted to the Plaintiff, the creditor, and that the same shall apply until June 201.
Each letter: The representative director C (Signature on December 3, 2012) of the defendant company (each letter): C, each of the above letters, promises that KRW 800,000,000,000,000,000,000,000,000 from Suwon SKKKK, shall be entrusted to the plaintiff as the creditor, and will be implemented by the end of June 2013.
For each secretary: The representative director C (Signature) of the defendant company, while C was declared bankrupt on July 8, 2016, in the proceeding of the lawsuit of this case by the Jung-gu District Court 2015Hadan3257, D was appointed as the trustee in bankruptcy, and the above trustee in bankruptcy was referred to as "the defendant in bankruptcy."
) The instant litigation procedure was taken over (the fact that there is no dispute over the grounds for recognition, A No. 1.