1. The plaintiff shall dismiss the lawsuit against C by the bankruptcy trustee, who is the taking over of the lawsuit by the defendant B;

2. Defendant A.

1. We examine the legitimacy of the lawsuit against the defendant bankruptcy trustee C, who is the taking over of the lawsuit against the defendant bankruptcy trustee B (hereinafter "the defendant bankruptcy trustee"), ex officio.

When any party is declared bankrupt, the litigation procedures relating to the bankrupt foundation shall be interrupted (Article 239 of the Civil Procedure Act), and any bankruptcy claim, which is a property claim arising before the debtor is declared bankrupt, cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). When the debtor is declared bankrupt while the lawsuit on the bankruptcy claim is pending, the litigation procedures shall be interrupted, and any bankruptcy creditor shall report his/her claim to the competent court pursuant to the Debtor Rehabilitation and Bankruptcy Act.

When a claim is confirmed to have no objection to the bankruptcy claim as a result of the report of the claim, and as a result, the lawsuit pending in the lawsuit is illegal, and when the bankruptcy creditor intends to seek the confirmation of the right due to the objection to the bankruptcy claim in the claim investigation procedure, all of the objectors as the other parties to the lawsuit shall take over the lawsuit pending in the lawsuit and revise the purport of the claim, etc. to the final claim confirmation lawsuit.

(see, e.g., Supreme Court Decision 2009Da50506, Sept. 24, 2009). In addition to the purport of the entire pleadings as confirmed by this Court, B is the Seoul Central District Court Decision 2016Hadan101042, Jan. 12, 2017, which was after the filing of the instant lawsuit, the case number as of January 12, 2017.

and it is recognized that the defendant trustee was appointed as the trustee in bankruptcy in B.

Claims for indemnity claim filed by the plaintiff are claims for property arising prior to the declaration of bankruptcy in B, which constitute bankruptcy claims.

However, in order to exercise this, it shall be reported to the bankruptcy court and the bankruptcy trustee at the claim inspection date.