1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion filed a lawsuit against the Plaintiff by the Seoul Central District Court No. 2014 Ghana420149, and the first instance court rendered a judgment in favor of the Defendant (B) on June 5, 2015. However, the second instance court rendered a judgment in favor of the Defendant (B) on April 29, 2016, which rendered a judgment in favor of the Seoul Central District Court No. 2015Na34870, and the said judgment became final and conclusive on August 22, 2016.

However, according to the judgment of the first instance court of the Seoul Central District Court, the defendant applied for the attachment and assignment order of claims against the deposit claims by designating the plaintiff as the debtor and the Nong Bank Co., Ltd. as the third debtor, and received the decision of acceptance on September 22, 2015.

In accordance with the above assignment order, the Plaintiff’s deposit claim of KRW 1,412,680 against the Nonghyup Bank Co., Ltd. was entirely transferred to the Defendant, and the judgment of the first instance court of Seoul Central District Court was revoked, the Defendant unjust enrichment

Therefore, the defendant is obligated to declare the transfer of claims to the plaintiff as stated in the purport of the claim by return of unjust enrichment and notify the NongHyup Bank Co., Ltd. of the transfer of claims

2. We examine the legitimacy of the instant lawsuit.

According to the Debtor Rehabilitation and Bankruptcy Act, a trustee in bankruptcy becomes a party to a lawsuit related to the bankrupt foundation (Article 359); a claim on any property arising before the debtor is declared bankrupt shall be a bankruptcy claim (Article 423); and a bankruptcy claim shall not be exercised without resorting to bankruptcy procedures.

(Article 424) 1. According to the evidence No. 424, the Defendant may recognize the fact that the Defendant was declared bankrupt on November 14, 2016 by the Seoul Central District Court 2016Hadan646, and C was appointed as a trustee in bankruptcy and the bankruptcy proceeding is in progress.

The plaintiff's right to claim restitution of unjust enrichment constitutes a bankruptcy claim that occurred before the bankruptcy is declared, and the lawsuit of this case is filed on November 18, 2016 after the bankruptcy is declared.