1. The plaintiff's lawsuit against the defendant B is dismissed.

2. Defendant C Co., Ltd. shall be KRW 256,80,042 to the Plaintiff.

Facts of recognition

The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the statements in subparagraphs A and 5.

If the bankruptcy procedure of the Plaintiff’s lawsuit against Defendant B is terminated due to the termination of bankruptcy or discontinuation of bankruptcy, etc., the legal personality of the legal entity shall be extinguished unless there are special circumstances, such as the existence of active property owned by the legal entity and the need to liquidate it.

(See Supreme Court Decision 89Meu2483 Decided November 24, 1989). Comprehensively taking account of the purport of the entire pleadings in the evidence No. 6, Defendant B Co., Ltd., which was declared bankrupt on April 7, 2015 by Seoul Central District Court Decision 2015Hau10019, the bankruptcy proceeding was initiated. However, on December 15, 2016, the above decision became final and conclusive upon the discontinuation of bankruptcy due to the shortage of expenses from the above court, and the fact that the corporate register was closed on January 3, 2017, and there is no counter-proof.

Thus, it is reasonable to see that Defendant B’s corporate extinction is due to the termination of the bankruptcy procedure. Thus, the Plaintiff’s lawsuit of this case against Defendant B is unlawful as it is filed against a person who has no capacity to sue.

According to the facts of the above recognition as to the Plaintiff’s claim against Defendant C, Defendant C is obligated to pay the Plaintiff the loan and its delay damages that the Plaintiff seeks.

As the plaintiff's lawsuit against the defendant B is unlawful, it is dismissed, and since the plaintiff's claim against the defendant C is reasonable, it is so decided as per Disposition.