2. The Plaintiff:

A. Defendant C shall be KRW 3,000,000 and this shall apply thereto.

2. We examine the legitimacy of the lawsuit against the defendant B ex officio as to the legitimacy of the lawsuit against the defendant B.

Any bankruptcy creditor is prohibited from exercising his/her individual right by a declaration of bankruptcy, and he/she can obtain the satisfaction only by participating in the bankruptcy proceedings (Article 424 of the Debtor Rehabilitation and Bankruptcy Act). Thus, filing a lawsuit claiming the performance of a bankruptcy claim directly by a bankruptcy creditor without resorting to bankruptcy proceedings after the declaration of bankruptcy is unlawful.

(See Supreme Court Decision 2016Da221887 Decided June 29, 2017, etc.). In this case, on November 8, 2017, prior to the Plaintiff’s filing of the instant lawsuit, Defendant B was declared bankrupt on November 8, 2017 by the District Court Decision 2017Hadan606, which was before the Plaintiff’s filing of the instant lawsuit, and the relevant procedure is in progress. The Plaintiff’s filing of the said bankruptcy proceeding is apparent in the record. As such, a loan claim sought by the Plaintiff by the instant lawsuit constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act, and thus, seeking the payment of a claim against the Defendant B, who is the bankrupt by the instant performance lawsuit, is unlawful

3. Part of the dismissal part of the Plaintiff claimed 5% interest or delay damages from the respective repayment date to the service date of a duplicate of the complaint of this case against the remaining Defendants except Defendant B. However, there is no assertion or proof as to the existence of an agreement between the Plaintiff and the said Defendants on the repayment date or the interest, and thus, the assertion on the claim of this part is rejected.

4. Applicable statutes;

(a) Claim against Defendant D, E, F, G, H, and J: by public notice (Article 208(3)3 of the Civil Procedure Act);

(b) Claim against Defendant C or I: Judgment on deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);