1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. The plaintiff's motion to accept the plaintiff is dismissed.

3...

1. Basic facts

A. (1) On February 15, 2008, the instant lawsuit was filed against the Defendant for the payment of the loan credit (hereinafter “instant bonds”) against the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) (hereinafter “Promotion Savings Bank”) on the following grounds: (a) on February 15, 2008, the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”); and (b) on September 3, 2010.

In the first instance court, the defendant could not serve a duplicate of the complaint, and the procedure was carried out by public notice.

The judgment of the first instance is pronounced on May 8, 2008, and the same year.

6.3. formally finalized.

The judgment of the first instance is not written in accordance with the Trial of Small Claims Act.

(2) On November 4, 2014, the Defendant filed an appeal for the subsequent completion of the trial, and the record of the trial of the first instance was destroyed after the preservation period expires.

B. When the assignee’s obligee cannot be ascertained, the assignee acquired the instant claim from the Promotion Savings Bank, and received an execution clause succeeding to the original judgment of the first instance court on November 4, 2014.

C. The Plaintiff’s litigant Promotion Savings Bank was declared bankrupt on May 20, 2013 (this Court Decision 2013Hahap64).

The plaintiff appointed as bankruptcy trustee succeeded to the status of the promotion savings bank in this case.

[Ground of recognition] Facts without dispute, significant facts in this court, purport of the whole pleadings

2. The Plaintiff, as the trustee in bankruptcy of the Promotion Savings Bank, which is the creditor of the instant case, is the transferee of the instant claim, and the acquiring intervenor seeks payment of the instant claim to the Defendant.

The existence of the instant claim is difficult to be recognized even if the Plaintiff and the Intervenor have proved before the Plaintiff and the Intervenor.

The plaintiff and the intervenor's assertion are without merit.

3. The plaintiff and the intervenor's claims are all dismissed as they are without merit, and the judgment of the court of first instance different from this conclusion has been revoked, and the plaintiff's claims are dismissed, and the claims of the intervenor participating in the trial are also dismissed.