The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

According to the records, the Plaintiff filed the instant lawsuit against the Defendant on October 4, 2018, and the duplicate of the instant complaint was served on the Defendant on February 2, 2021, and on the other hand, on December 3, 2018, the Seoul Bankruptcy Court rendered a decision to appoint C as a bankruptcy declaration against the Defendant and a bankruptcy administrator (Seoul Bankruptcy Court 2018Ham 100381).

The filing of a lawsuit against a deceased person in accordance with the basic principles of the civil lawsuit law that requires the rescue of the plaintiff and the defendant in conflict with the other party cannot be a substantial litigation relationship, and therefore is in side law.

The same shall also apply where the defendant is alive at the time of filing a lawsuit but dies before a duplicate of the complaint is served.

Even if a creditor files a lawsuit against the debtor prior to the declaration of bankruptcy or an obligor files a lawsuit seeking confirmation of non-existence of an obligation against the creditor, if the adjudication of bankruptcy was rendered against the creditor or the obligor prior to the delivery of a duplicate of the complaint, such legal doctrine likewise applies.

In a lawsuit against the bankrupt foundation, a lawsuit filed against the debtor is unlawful and dismissed (Article 359 of the Debtor Rehabilitation and Bankruptcy Act). In such a case, a request for continuation of the lawsuit filed by the bankruptcy administrator under the premise that the lawsuit is pending in the court at the time the bankruptcy is declared is not permissible since it is not legitimate (Supreme Court Decision 2017Da289828 Decided June 15, 2018). Thus, the lawsuit in this case is filed against the debtor after the declaration of bankruptcy, and is in an incidental law, and thus, it is so decided as per Disposition by the assent of all participating Justices.