1. The instant lawsuit shall be dismissed.

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

In this case where the plaintiff sought payment of KRW 40 million lent to the defendant on October 15, 2003, the defendant asserts to the purport that the lawsuit of this case is unlawful, since the procedure is currently in progress upon being declared bankrupt.

According to the Debtor Rehabilitation and Bankruptcy Act, a trustee in bankruptcy becomes a party to a lawsuit related to the bankrupt foundation (Article 359); a claim on any property arising before the debtor is declared bankrupt shall be a bankruptcy claim (Article 423); and a bankruptcy claim shall not be exercised without resorting to bankruptcy procedures.

(Article 424). The fact that the Defendant was declared bankrupt on August 21, 2014 by the Seoul Central District Court Decision 2014Hadan2888, and that the Defendant was appointed a lawyer as a trustee in bankruptcy is significant in this court, and the instant loans fall under the bankruptcy claim that occurred before the declaration of bankruptcy. The fact that the instant lawsuit was filed on October 8, 2014, which was after the declaration of bankruptcy, is apparent in the record.

Thus, the lawsuit of this case is not only against the defendant but also against the interests of the lawsuit because it is not proper. Thus, it is decided as per Disposition by the assent of all participating Justices.