2. The costs of lawsuit shall be borne by each person;

A. The Plaintiff filed a claim against the Plaintiff Company C (hereinafter “C”) for wages with the High Government District Court Decision 2019Guj3005 (hereinafter “C”), and the said court rendered a payment order on August 20, 2019, stating that “C shall pay to the Plaintiff KRW 87,167,904 and its delay damages.” The said payment order was finalized on September 6, 2019.

B. Based on the above payment order, the Plaintiff filed an application for a seizure and collection order of KRW 88,301,532 against C as to the claim for the price for the goods (production of program) against C’s Defendant (production of program) with Seoul Southern District Court 2019TT District Court 2019TTTT114568. On October 1, 2019, the said court issued a decision on the seizure and collection order of the claim (hereinafter “decision on the seizure and collection order of this case”).

C. The instant order of seizure and collection was served on October 7, 2019 to the Defendant.

On September 10, 2019, the Plaintiff received a substitute payment of KRW 10 million, and received KRW 2,375,000 on November 5, 2019 in the auction procedure with respect to C, and received KRW 7,352,058 on February 13, 2020 in the claim distribution procedure with respect to C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Determination on this safety defense

A. Since the defendant was declared bankrupt against C, the plaintiff has lost his standing as a party, and the lawsuit of this case is unlawful.

B. The former part of Article 348(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides, “Compulsory execution, provisional seizure or provisional disposition against any property that belongs to the bankrupt estate based on a bankruptcy claim shall lose its effect against the bankrupt estate.” The compulsory execution based on the estate claim, such as wage claims, shall lose its effect upon the declaration of bankruptcy (see Supreme Court Order 2006Ma260, Jun. 27, 2008). We examine and examine the following: (a) The purport of the entire pleadings as set forth in the items of Articles 9 through 12 of the Debtor Rehabilitation and Bankruptcy Act is as follows.