1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 10, 1984, the Plaintiff joined a new comprehensive financial company (the following was declared bankrupt on October 9, 1998; hereinafter “Bankruptcy”) and retired on April 30, 1998.

B. Retirement allowances to be actually paid by the Plaintiff from the bankrupt are KRW 117,291,423 (retirement allowances of KRW 123,613,93 - Income Tax of KRW 2,730,340 - Resident Tax of KRW 273,030 - National Pension of KRW 3,319,200). Around May 1998, the Plaintiff received KRW 58,645,710 out of the above amount from the bankrupt.

C. The bankrupt was declared bankrupt on October 9, 1998 by Seoul District Court No. 98Ha11, and the attorney B was appointed as the bankruptcy trustee on December 17, 201.

On November 5, 1998, the Plaintiff reported the remainder of retirement allowance claim amounting to KRW 58,645,713 ( KRW 117,291,423 - KRW 58,645,710) as a bankruptcy claim with priority in the above bankruptcy procedure. However, an attorney-at-law who was a bankruptcy trustee at the time filed an objection to the total amount of the Plaintiff’s claim return on the claim inspection date on November 27, 1998.

[Reasons for Recognition] Facts without any dispute, Gap 2, 3, 4, Eul 1 and 2, the purport of the whole pleadings and arguments

2. The Defendant asserts that the instant lawsuit against the Defendant, prior to the instant lawsuit, seeking the payment of retirement allowances, should be dismissed in violation of the prohibition of double lawsuit, while disclosing that the Plaintiff had filed a lawsuit against the Defendant seeking the payment of retirement allowances, and that the instant lawsuit seeking the payment of retirement allowances against the Defendant again filed a lawsuit against the Defendant should be dismissed.

The Plaintiff filed a lawsuit seeking the payment of retirement allowance of KRW 58,645,713 against the Defendant under the 2014da169389, and the duplicate of the lawsuit reached the Defendant on August 18, 2014, and the fact that the lawsuit in the above case No. 2014Gada169389 was pending at the time of the filing of the lawsuit in this case is not disputed between the parties, and the subject matter of the lawsuit in this case is substantially identical to the Plaintiff’s retirement allowance payment lawsuit and the bankruptcy claim confirmation lawsuit in this case.