1. The instant lawsuit shall be dismissed.

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

1. The gist of the Plaintiff’s assertion asserted that the Defendant lent KRW 78 million to the Defendant on or around December 20, 1993 while he/she was in office as a management director in C, a corporation operated by the Defendant, and sought payment of KRW 78 million and delay damages therefrom against the Defendant.

2. In bankruptcy proceedings under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), bankruptcy creditors shall file a report on bankruptcy claims (Article 447(1)); when any objection is raised against any reported bankruptcy claim, all of the objectors may file a final claim inspection judgment with the court as other parties (Article 462(1)); and any person dissatisfied with the judgment may file a lawsuit of objection against the final claim inspection judgment with the court.

(Article 463 (1) : Provided, That where a lawsuit on any bankruptcy claim is pending at the time the bankruptcy procedures commence, the bankruptcy creditor shall report the bankruptcy claim and when an objection is raised against the reported bankruptcy claim, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(4) Therefore, it is unlawful for a bankruptcy creditor to institute a lawsuit seeking the performance of a bankruptcy claim against an objector of a bankruptcy claim after the commencement of a bankruptcy proceeding, or to institute a lawsuit as to a bankruptcy claim in lieu of going through the procedures provided for in Articles 447 and 462 of the Debtor Rehabilitation Act by a bankruptcy creditor who is not pending in a lawsuit as to a bankruptcy claim at the time the bankruptcy procedure commenced,

(See Supreme Court Decision 201Da10310 Decided May 26, 201, etc.) comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2, the Defendant was declared bankrupt on March 7, 2014, prior to the filing of the instant lawsuit, by the Chuncheon District Court No. 2013Ha1216, Mar. 7, 2014. The Plaintiff reported the Defendant’s loan claim amounting to KRW 78 million against the Defendant as a bankruptcy claim, but the Defendant’s bankruptcy trustee D reported the Defendant’s loan claim amounting to KRW 78 million as a bankruptcy claim.