1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's lawsuit corresponding to the revoked part shall be dismissed;

The plaintiff filed a joint claim against the defendant for the return of unjust enrichment, ② recourse and ③ payment of settlement money under the agreement. The court of first instance dismissed both the claims, ② all of them, and ③ partly accepted the claims.

As to this, only the defendant appealed against the whole part against the defendant, and since the plaintiff did not appeal, the scope of the judgment of this court is limited to the part of appeal by the defendant among the judgment of the court of first instance, i.e., the part cited in the judgment of the court of first instance

When any party to a claim for settlement of accounts 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 prior to the declaration of bankruptcy against the debtor, cannot be exercised without resorting to bankruptcy procedures (Articles 423 and 424 of the Debtor Rehabilitation and Bankruptcy Act). If the debtor is declared bankrupt while the lawsuit on the settlement of accounts is pending, the litigation procedures shall be suspended, and any bankruptcy creditor shall file a claim report with the court having jurisdiction over the bankruptcy case, as prescribed by the Debtor Rehabilitation and Bankruptcy Act.

When a claim becomes final and conclusive as stated in the report of the claim as there is no objection to the bankruptcy claim in the course of claims investigation, the lawsuit pending at the same time 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 course of claims investigation, all of the objectors to the lawsuit shall take over the lawsuit pending at the same time as the other party to the lawsuit and revise the purport of the claim,

(see, e.g., Supreme Court Decision 2012Da95486, Sept. 12, 2013). In addition to the purport of the entire pleadings as stated in the evidence Nos. 5 and 6, the company B was declared bankrupt on May 23, 2014, which was after the judgment of the first instance court was rendered, and the Defendant was appointed as the trustee in bankruptcy, and the Plaintiff.