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1. The judgment of the court of first instance is modified as follows.
All of the plaintiff's claims are dismissed.
2. The Plaintiff’s total costs of litigation.
Reasons
1. Basic facts
A. The Plaintiff lent money to the Defendant as indicated in the following table:
B. The above A.
on July 17, 2018, the principal and interest of the loan credit as of July 17, 2018 are as shown in the attached Form.
(C) The Plaintiff’s loan claims against the Defendant (hereinafter “instant loan claims”).
On the other hand, on May 16, 2013, the Defendant applied for the exemption from bankruptcy with the Incheon District Court Decision 2013Hadan2835, 2013Ma2830, and was granted the exemption from immunity on January 5, 2016, and the exemption from immunity was finalized on January 20, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 to 4, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion was declared bankrupt and exempted, but the Plaintiff has the interest in the lawsuit to suspend the prescription of the instant loan claims, which is the secured claim, in order to exercise the right to separate settlement with the right to secure collateral.
Therefore, the Defendant should confirm that the Plaintiff filed a lawsuit seeking confirmation on August 21, 2018 regarding the instant loan claims, or that the Defendant has the loan claims indicated in the attached Form to the Plaintiff.
B. The Defendant’s assertion that the instant loan claim was transferred to C limited liability company in the course of bankruptcy and exemption.
C. According to the statement in Gap evidence No. 5, the plaintiff is recognized as having set up a collateral security of "36,000,000 won" with respect to the third floor E of the D building in Gwangjin-gu Seoul Special Metropolitan City owned by the defendant on April 22, 2004, as to the third floor E of the D building owned by the defendant.
However, in full view of the purport of the entire pleadings in the statement No. 1, it can be acknowledged that the Plaintiff transferred the instant loan claims to a limited liability company on Sept. 30, 2013, and the C limited liability company delegated by the Plaintiff notified the Defendant of the above transfer on Oct. 2, 2013.
As such, as long as the Plaintiff transferred the instant loan claim to C limited liability company, there is a loan claim stated in the attached Form.