1. The instant lawsuit shall be dismissed.

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

From December 2, 2015 to January 2016, the Plaintiff seek for the payment of KRW 21,729,000, which was not received after cement was supplied to the bankrupt debtor SP Construction Co., Ltd. (hereinafter “Bankruptcy Co., Ltd.”) and the delay damages therefrom.

In addition to the purport of the entire pleadings, the bankruptcy company was declared bankrupt on August 19, 2016 by the Seoul Central District Court 2016Hahap52, and the defendant was appointed as the bankruptcy trustee.

Claims filed by the Plaintiff for the proceeds from December 2, 2015 to January 2016 constitute bankruptcy claims, which are claims on property arising from causes arising before the bankruptcy is declared by the bankruptcy company.

However, bankruptcy claims cannot be exercised without resorting to bankruptcy procedures (Article 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). In order to exercise this, the bankruptcy claims shall be reported to the bankruptcy court within the period set by the court, and the claims confirmed as bankruptcy claims or denied as bankruptcy claims can be confirmed through bankruptcy claims confirmation lawsuit depending on the objection of the bankruptcy trustee, etc. on the claim inspection date. As in this case, it is unlawful to seek the performance of bankruptcy claims directly against the bankruptcy debtor in a separate civil lawsuit without resorting to bankruptcy procedures as in the same case, since there is no benefit in the protection of rights.

Therefore, since the plaintiff's lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.