The plaintiff's lawsuit against the defendant B shall be dismissed.

(b)in this case;

A. The gist of Defendant B’s defense is that the Plaintiff sought payment of KRW 37.2 million equivalent to the settlement amount against Defendant B as the instant lawsuit, but the claim for the settlement amount, such as the said settlement amount (hereinafter “claim of this case”) was a failure bond reported to the bankruptcy court and confirmed as a time limit by the Defendant. Thus, the instant lawsuit is unlawful as there is no benefit of lawsuit.

B. Determination 1) When a party is declared bankrupt, the litigation procedures relating to the bankrupt estate shall be suspended (Article 239 of the Civil Procedure Act). Bankruptcy claims which are property claims arising prior to the declaration of bankruptcy against the debtor cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). If the debtor is declared bankrupt while the lawsuit concerning the bankruptcy claims is pending, the litigation procedures shall be suspended, and the bankruptcy creditor shall report his/her claims, as prescribed by the Debtor Rehabilitation and Bankruptcy Act, to the competent court of the bankruptcy case. When the claim is confirmed as the same as the reported claim has no objection to the bankruptcy claim, the lawsuit pending is unlawful as there is no interest in the lawsuit (see Supreme Court Decision 2010Da31792, Aug. 26, 2010); Defendant B entered the instant lawsuit in the bankruptcy procedure and the first instance judgment of the court of bankruptcy with respect to the claim reported by the court of bankruptcy as the total amount of KRW 2017, Oct. 16, 2017.