A. From October 2017 to May 3, 2018, the Plaintiff supplied metal to C with Defendant B’s representative director, and was not paid KRW 70,488,770 out of the price of the goods (hereinafter “the price of the instant goods”).

B. C Co., Ltd. was declared bankrupt on October 10, 2018 in Suwon District Court 2018Hau10053, and on the same day D’s bankruptcy trustee Co., Ltd. was appointed as the bankruptcy trustee on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, and facts and purport of the whole pleadings in this court

2. We examine the legitimacy of the lawsuit against the bankruptcy trustee C by the defendant bankruptcy debtor C, a company in bankruptcy, ex officio.

Any property claim that accrues before the debtor is declared bankrupt falls under a bankruptcy claim (see Article 423 of the Debtor Rehabilitation and Bankruptcy Act), and any bankruptcy creditor is prohibited from exercising his/her right individually by the declaration of bankruptcy, and only after participating in the bankruptcy procedure can obtain the satisfaction thereof.

(See Article 424 of the same Act). The Plaintiff’s claim for the purchase of goods in this case constitutes a bankruptcy claim, which is a property claim arising from a cause arising before the declaration of bankruptcy by C, and cannot be exercised without resorting to bankruptcy procedures. Thus, the above lawsuit is unlawful as there is no benefit

3. The plaintiff asserted that he agreed to pay the goods of this case by the defendant B, and sought payment against the defendant B.

In full view of the purport of the argument in Gap evidence No. 2, the plaintiff sent a public letter requesting confirmation and approval of the balance of the price of the goods of this case to C on June 18, 2018, and Defendant B paid the price of the goods of this case in four installments from the last day of June 2018 to the last day of August 2018, and if the first repayment date is not possible, the remaining balance.