1. The plaintiff's lawsuit against the bankrupt trustee B, who is the party taking over the lawsuit against the defendant B, shall be dismissed;

2. The defendant B.

1. Basic facts

A. The Plaintiff is a corporation that engages in the manufacturing and selling business of medical devices, and Defendant B is the representative director of E, a corporation that engages in the wholesale and retail business of medical devices (hereinafter “E”).

B. Around September 2, 2015, the Plaintiff and E entered into an agency contract with the content that the Plaintiff shall supply medical equipment produced by the Plaintiff to E, and that E, as the Plaintiff’s agent, shall sell the Plaintiff’s products and provide follow-up services, and pay the Plaintiff the amount of medical equipment (hereinafter “instant contract”).

C. From December 23, 2016 to June 14, 2017, the Plaintiff supplied E with medical equipment of KRW 583,700,000 in total, and around July 24, 2017, the Plaintiff and E agreed that the amount of unpaid goods to the Plaintiff of E is KRW 450,400,000 on July 24, 2017, and the amount of unpaid goods is repaid until December 31, 2017, and the Defendant B is jointly and severally liable (hereinafter “instant agreement”).

E provided ten medical devices possessed on August 7, 2017 as security to the Plaintiff. E received six parts from August 16, 2017 to September 4, 2017 from the Plaintiff, and paid KRW 16 million to the Plaintiff on August 25, 2017.

E on August 3, 2017, the Seoul Rehabilitation Court 2017 Gohap10069 applied for simplified rehabilitation, and withdrawn the application on August 24, 2017.

E. Defendant B was indicted on suspicion that he/she was supplied with 24 medical equipment equivalent to KRW 5837 million through 17 times from December 23, 2016 to June 14, 2017, even though he/she did not have an intention or ability to pay the price even if he/she is supplied with medical equipment from the Plaintiff. On June 14, 2019, the court of first instance sentenced Defendant B to two years of imprisonment with prison labor (Seoul Southern District Court Decision 2018Da578, etc.), and on September 24, 2020, the appellate court sentenced Defendant B to one year and six months of imprisonment with labor (Seoul High Court 2019No1563).

F. 1 On the other hand, Defendant B on January 2018.