1. Revocation of a judgment of the first instance;

2. The plaintiff's lawsuit against the defendant B shall be dismissed.

3. The plaintiff's defendant C.

1. Basic facts

A. On April 28, 1995, Hanil Bank Co., Ltd. loaned KRW 50,000,000 to A Co., Ltd. (hereinafter “instant loan”). In the event that the above company delays the repayment of the above loan, it agreed to pay damages for delay in accordance with the interest rate set by the above bank, and jointly and severally guaranteed the above loan obligations by E and Defendant B, etc.

Since then, the company has lost the benefit of time by delaying the repayment of the above loan.

B. On March 30, 2002, Korea Commercial Bank and Korea Commercial Bank established a merger (hereinafter “Korea Commercial Bank”) transferred the instant loan claims to a limited-liability company specialized in Korean financial system, and on February 14, 2003, our financial system, a limited-liability company specialized in Korean financial system and asset-backed securitization transferred them to the Promotion Savings Bank, and on June 15, 201, a Promotion Savings Bank and notified the Plaintiff of the transfer of claims to the Defendant around that time.

C. On October 19, 2007, Defendant B filed an application for bankruptcy and exemption including the instant loan obligations with the Changwon District Court Decision 2007Hadan5106, 2007Ma5105, Oct. 19, 2007, Defendant B was declared bankrupt on Nov. 7, 2008; Defendant B was granted a decision to grant immunity on Dec. 1, 2009; and the said decision to grant immunity became final and conclusive on December 16, 2009.

E A. On January 11, 2011, the Defendant C, a sole heir, filed a report on the renunciation of inheritance with the Changwon District Court Branch of the Changwon District Court on January 24, 2011, and was adjudicated on February 16, 2011 that the said court accepted the report on the renunciation of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 1-2, Eul evidence 2-1 to 4, the purport of the whole pleadings

2. Determination

A. We examine the legitimacy of the instant lawsuit against Defendant B ex officio as to the legitimacy of the lawsuit against Defendant B.

The Debtor Rehabilitation and Bankruptcy Act; hereinafter referred to as the same shall apply.