1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff alleged that he/she received loan claims from C on January 18, 2019 against the Defendant on December 14, 2017. On July 17, 2019, the Plaintiff sought payment of transfer money and subrogated payment to the Defendant on October 14, 2016 against D’s Defendant on July 17, 2019, and the Bank’s loan claims against the Defendant on October 12, 2015 against the Industrial Bank of Korea.

2. We examine ex officio the legality of the instant lawsuit.

According to Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act, property claims arising prior to the declaration of bankruptcy against a debtor constitute bankruptcy claims, and any bankruptcy creditor is prohibited from exercising his/her individual right and only from participating in the bankruptcy procedure.

However, according to the records of this case, the defendant can recognize the fact that he was declared bankrupt on February 11, 2019 by the Seoul Rehabilitation Court 2018Hadan5005, and each of the claims asserted by the plaintiff constitutes a bankruptcy claim since each of the claims alleged by the plaintiff was a property claim arising from the cause before the bankruptcy is declared. Thus, it cannot be exercised without resorting to bankruptcy procedures

3. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.