1. The instant lawsuit shall be dismissed.

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

1. Determination as to the legitimacy of the instant lawsuit

A. The Plaintiff’s assertion was re-subcontracted to the Defendant on April 4, 2013 among the “E Corporation” subcontracted by D Co., Ltd. on June 28, 2012. However, the Plaintiff paid KRW 41,685,345 to D as the defect repair payment due to the Defendant’s defect in the part constructed by the Defendant, which occurred, and the Plaintiff paid to D as the defect repair payment. As such, the Plaintiff exercised the right to demand reimbursement of KRW 41,685,345 against the Defendant, who is the re-subcontractor liable for compensation. However, as the Defendant was declared bankrupt while the lawsuit was pending, the said bankruptcy claim confirmation is sought.

B. Determination 1) When a party is declared bankrupt, the litigation procedures relating to the bankruptcy foundation are suspended (Article 239 of the Civil Procedure Act). Since a bankruptcy claim, which is a property claim arising from a cause that occurred before the bankruptcy is declared against the debtor, cannot be exercised without resorting to the bankruptcy procedure. Thus, when a bankruptcy claim is declared against the debtor while the lawsuit on the bankruptcy claim continues, the litigation procedures are suspended, and the bankruptcy creditor shall report the claim to the competent court of the bankruptcy case, as prescribed by the Debtor Rehabilitation Act. If the claim is confirmed as the same as the claim is reported due to the lack of an objection to the bankruptcy claim in the claim investigation procedure, the lawsuit that has been pending is groundless as there is no interest in the lawsuit, and if the bankruptcy creditor intends to seek the confirmation of the right due to the objection to the claim in the claim investigation procedure, all of the objectors as the other party to the lawsuit shall take over the lawsuit that has been pending and revise the purport of the claim through the claim confirmation lawsuit (see Supreme Court Decision 2009Da50506, Sept. 24, 2009).