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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From July 24, 2015 to August 14, 2015, the Plaintiff asserted that the Plaintiff performed the interior construction of the D Building E in Ansan-si, the members of Ansan-si, Inc. (hereinafter “B”).
However, since 130,00,000 won out of the construction cost was not paid by B, it is sought against the defendant, who is the bankruptcy trustee in B.
2. Determination on the defense prior to the merits
A. The Defendant’s assertion B was declared bankrupt by the Suwon District Court on November 27, 2017. As the Plaintiff’s claim constitutes a bankruptcy claim, the instant lawsuit seeking a direct payment against the Defendant without resorting to bankruptcy procedures is unlawful as there is no benefit of lawsuit.
B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)
(1) Article 46 of the Debtor Rehabilitation Act provides that a bankruptcy claim that has arisen before the debtor is declared bankrupt (Article 423), and that any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424). In addition, the Debtor Rehabilitation Act provides that any bankruptcy creditor shall report any bankruptcy claim within the period set by the court (Article 447); the court shall investigate any reported bankruptcy claim and enter the result thereof in the table of bankruptcy creditors (Article 459); if an objection is raised in the course of investigating any bankruptcy claim, the existence and details of any bankruptcy claim shall be prescribed in the table of bankruptcy creditors (Article 462); if an objection is raised in the course of investigating any bankruptcy claim, the person dissatisfied therewith may file a lawsuit (Article 463); the bankruptcy creditor may file a lawsuit of objection only with the matters entered in the table of bankruptcy creditors (Article 465.2). The fact that any bankruptcy creditor files a lawsuit of objection with the court of bankruptcy as a result of the adjudication of bankruptcy of the Plaintiff’s bankruptcy.
3. Further to the above fact of recognition under the Debtor Rehabilitation Act.