1. Revocation of the first instance judgment.

2. The Defendant’s loans to Suwon District Court 2014j2679 against the Defendant C.

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance as stated in paragraph (1) of the same Article. Thus, this part is cited pursuant to the main sentence of Article 420

2. Judgment on the defendant's main defense of safety

A. The right to manage and dispose of C's property belongs to the trustee in bankruptcy due to the declaration of bankruptcy of C's debtor who is the summary of the assertion

However, G attorney appointed as trustee in bankruptcy exercised the right to the defendant by accepting the bankruptcy claim reported in C's bankruptcy procedure.

Therefore, as a creditor of the debtor C, the plaintiff is not eligible to file a lawsuit of objection to the claim of this case, based on the creditor's subrogation right.

B. 1) A lawsuit of demurrer against a claim is a lawsuit seeking the exclusion of the executive force held by the executive titles by asserting that a claim under private law, which is the content of executive titles, is inconsistent with the present substantive condition, and a person who is indicated in the executive titles as the debtor, succeeds to the title, or is executory power for other reasons, and a creditor of the debtor may file a lawsuit of demurrer against a claim based on the subrogation right of the creditor (see, e.g., Supreme Court Decision 91Da41620, Apr. 10, 1992). 2)

According to the evidence evidence evidence Nos. 13 through 15, the Plaintiff received a certificate of loan No. 175 million won from C on September 10, 2013, as “the borrowed loan amount: the due date: April 30, 2014”; and the Plaintiff received a decision of provisional seizure of the claim against the leased deposit claim against C on June 3, 2014 (U.S. District Court 2014Kadan1080) against the leased deposit claim against C as the preserved claim; and the Plaintiff reported the loan claim to the bankruptcy creditor in the bankruptcy proceeding against C as seen earlier.

Therefore, the plaintiff is a creditor of C.

3 The following is whether the trustee in bankruptcy in C exercises the debtor's right to raise an objection.