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1. The plaintiff's claim and the plaintiff's successor's claim are all dismissed.
2. The plaintiff and the defendant among the costs of lawsuit.
Reasons
1. Basic facts
A. The circumstances of this case 1) Nonparty E is a bankrupt corporation A (hereinafter “Bankruptcyer”) who produces and sells materials for education on publication of books.
(2) From July 23, 2006 to June 26, 2008, Nonparty F was registered as the representative director of the bankrupt, but from June 26, 2008, Nonparty G (Death on April 9, 2014) had been registered as the representative director of the bankrupt. (2) The network G (Death on April 9, 2014) was a relationship between E and E in the company operated before the bankrupt was established and used by E from 1982, as the “chief of office” inside the bankrupt, and was paid the corporate card from the bankrupt.
3) On April 2, 2009, Nonparty H, an accounting officer of F, E, and the bankrupt, transferred the amount of KRW KRW 86,000,000 to G’s account from April 9, 2014 to April 8, 2014. (B) On April 28, 2015, the bankrupt filed the instant lawsuit seeking the payment of a loan claim against the Defendant, and the bankrupt entered into a contract with the Plaintiff’s succeeding intervenor, who is the director of the bankrupt, to transfer the entire loan claim, and on the same day, notified the Defendant of the fact of the transfer of the above loan claim.
(hereinafter “transfer of claim of this case”). Subsequent to the Plaintiff’s successor, the Plaintiff’s successor is under the same year.
5. 8. Application was filed for succession participation in the instant lawsuit.
2. On the other hand, the bankrupt was declared bankrupt on June 30, 2015 by the Seoul Central District Court 2015Hahap10083, the plaintiff was appointed as the bankruptcy trustee on the same day, and the same year.
7. 27. The bankrupt taken over the suit by this Court upon the continuation order.
【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, Eul's 1 or 11, and the purport of the whole pleadings
2. Although the bankrupt who determined the Plaintiff’s claim against the Defendant for a loan, as seen earlier, the Plaintiff transferred the loan claim to the Intervenor succeeding to the Plaintiff on April 28, 2015, prior to the declaration of bankruptcy, and thereafter transferred it to the Defendant.