1. The plaintiff's lawsuit against C's bankruptcy trustee, who is the plaintiff's taking over of the lawsuit against C's bankrupt corporation.

1. As to the plaintiff's claim against C in bankruptcy trustee D (hereinafter "the defendant's lawsuit trustee") who is the plaintiff's taking over of the lawsuit by the defendant C

A. On November 4, 2016, the Plaintiff filed a lawsuit against the Defendant litigant (hereinafter “Defendant B”) claiming that the Defendant litigant should pay the unpaid construction price and damages for delay, jointly with the Defendant B, since the Plaintiff was awarded a subcontract for a waterproof construction among E works and received KRW 160,875,000, out of the construction price.

B. Determination 1 on the principal safety defense by the defendant litigant C was declared bankrupt by the Jeju District Court, and the claims asserted by the plaintiff by the lawsuit of this case constitute bankruptcy claims and cannot be directly sought payment against the defendant litigant without resorting to bankruptcy procedures. Thus, the plaintiff's lawsuit against the defendant litigant is unlawful as there is no benefit of lawsuit. 2) Determination A) The Debtor Rehabilitation and Bankruptcy Act (hereinafter "Bankruptcy Act") on the ground that the plaintiff's lawsuit against the defendant litigant is unlawful as there is no benefit of lawsuit.

A) The Debtor Rehabilitation Act provides that a claim on any property arising from a cause before the debtor is declared bankrupt (Article 423), and that any bankruptcy claim shall not be exercised without resorting to bankruptcy procedures (Article 424). In addition, the Debtor Rehabilitation Act provides that any bankruptcy creditor shall file a report on his/her bankruptcy claim within the period set by the court (Article 447). The court shall conduct an inspection on the reported bankruptcy claim and enter the results thereof in the Table of Bankruptcy Creditors (Article 459); when an objection is raised in the course of investigating the bankruptcy claim, the court shall determine the existence and details of the bankruptcy claim through the final claim inspection judgment (Article 462), and any person dissatisfied therewith may file a lawsuit seeking objection (Article 463); the bankruptcy creditor shall file a final claim inspection judgment only on the matters entered in the Table of Bankruptcy Creditors.