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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio, we examine the legitimacy of the instant lawsuit.
In addition to the purport of the entire pleadings confirmed by this Court, the Defendant was declared bankrupt on November 23, 2015, the date before the instant lawsuit was filed, by the Suwon District Court No. 2015Hadan35, and C is recognized to have been appointed as the trustee in bankruptcy of the Defendant.
Loans claims filed by the Plaintiff on July 3, 2007 are claims on property arising from the grounds before the Defendant is declared bankrupt and constitute bankruptcy claims.
However, in order to exercise this, it shall be reported to the bankruptcy court, and the bankruptcy claim can only be confirmed through the bankruptcy claim confirmation lawsuit for the claim confirmed or denied as a bankruptcy claim according to the objection of the bankruptcy trustee, etc. from the claim inspection date, and it does not have the benefit of lawsuit to seek the payment of the claim against the defendant directly by the execution lawsuit as in this case.
Therefore, since the plaintiff's lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.