1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 25, 2010, the Defendant entered into a loan transaction agreement with NFFF on August 25, 2010 with a general loan for a loan, the loan amount of KRW 1,084,00,000, the due date for payment, the rate of KRW 6.91% of the agreement, and the contract delay damages of KRW 1,084,00,000,000 from NFFC (hereinafter “instant loan”). On the same date, the Defendant received a loan from NFFC (hereinafter “instant loan”).

The agreed delay damages rate applicable to the loan claim of this case is 18% per annum from November 1, 201 to the present.

B. On December 26, 2011, NFF transferred the principal and interest of this case to the Plaintiff, and notified the Defendant of the transfer by means of content-certified mail with a fixed date on December 27, 2011, and thereafter sent the above content-certified mail to the Defendant around that time.

C. As of May 15, 2015, the principal and interest of this case as of May 15, 2015 are KRW 765,429,075 in total (i.e., principal and interest of KRW 397,412,445 in total and interest of KRW 368,016,630 in total).

On January 15, 2015, the defendant filed a petition for bankruptcy with Suwon District Court 2014Hadan242, and received a ruling of bankruptcy from the above court.

E. The instant lawsuit was filed on June 5, 2015, stating that the Plaintiff sought the acquisition of the principal and interest of the instant case to the Defendant on the grounds that the claim was transferred.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1-1, 2, and the purport of whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

Article 423 of the Debtor Rehabilitation and Bankruptcy Act provides that a claim on the property that accrues before the debtor is declared bankrupt shall be a bankruptcy claim, and Article 424 of the same Act provides that a bankruptcy claim shall not be exercised without resorting to bankruptcy procedures.

However, according to the above facts of recognition, the plaintiff's claim for the lawsuit of this case against the defendant is the debtor's property claim arising before the defendant's bankruptcy is declared.