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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The summary of the party's assertion is that the plaintiff has a claim for damages arising from a tort against D, the principal and interest of a loan equivalent to KRW 63,00,000 against D, and the defendant uses D's real estate with a loan equivalent to KRW 391,20,000 as security, and D's claim against the defendant. Thus, since D's above 63,00,000,000 and its principal and interest of KRW 50,00,000, and damages for delay are claimed against D's subrogation.
In this regard, the defendant asserts that the lawsuit of this case filed by the plaintiff, who is a bankruptcy creditor, is unlawful, since D was declared bankrupt before the lawsuit of this case is filed.
2. Determination as to the legitimacy of the instant lawsuit
A. Article 384 of the Debtor Rehabilitation and Bankruptcy Act provides that "the right to manage and dispose of the bankrupt estate belongs to the trustee in bankruptcy," so the bankrupt does not recognize the right to manage and dispose of the foundation, and the right to manage and dispose of the foundation belongs to the trustee in bankruptcy, and Article 424 of the same Act provides that "the bankruptcy claim may not be exercised without resorting to bankruptcy procedures."
The purpose of this prohibition is to prohibit the free reorganization of the bankrupt's property, and to entrust the right to manage and dispose of the bankrupt's property to the fair and reasonable reorganization of the bankruptcy trustee, and at the same time, to prohibit the bankruptcy creditor from participating in the bankruptcy without going through the bankruptcy procedure in order to make the bankruptcy procedure only by giving it to the bankruptcy trustee with respect to the liquidation of the property against the bankrupt's estate. Therefore, in order to meet the purpose, it should be interpreted that the bankruptcy creditor exercises by subrogation the right to the bankrupt's property in order to preserve
B. (See Supreme Court Decision 2000Da39780 delivered on December 22, 2000).
1.2.2 Doescl, ..