1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

Since bankruptcy claims cannot be exercised without resorting to bankruptcy procedures (Article 424 of the Debtor Rehabilitation and Bankruptcy Act), it is unlawful to file a lawsuit claiming the performance of bankruptcy claims directly by a bankruptcy creditor after bankruptcy is declared, without resorting to bankruptcy procedures.

The plaintiff shall lend money to the defendant on August 6, 2008 and shall pay KRW 100 million and interest from the defendant on September 5, 2008.

“The fact that the Defendant received a written statement, the Defendant did not pay the money based on the above written statement, the Plaintiff filed the instant lawsuit on October 4, 2018, and the Defendant, however, on April 16, 2018, prior to the Plaintiff’s filing of the lawsuit, was declared bankrupt in the bankruptcy case in Seoul Rehabilitation Court 2018Hadan324 on April 16, 2018 and currently in progress in the above court 2018Ha324 case, may be recognized either as a dispute between the parties or in accordance with the purport of the entry in Eul evidence 1 and all pleadings.

According to the above facts of recognition, the Plaintiff’s claim for a loan is a property claim against the Defendant arising from a cause arising before the declaration of bankruptcy, and constitutes a bankruptcy claim under Article 423 of the Debtor Rehabilitation and Bankruptcy Act, and thus, the Plaintiff’s direct claim for a payment of the claim against the Defendant, who is the bankrupt by the suit for the performance of this case, is unlawful

Therefore, we decide to dismiss the instant lawsuit and decide as per Disposition.