1. The plaintiff's lawsuit against the bankruptcy trustee C of the defendant bankrupt Bosco industry corporation shall be dismissed;

2. Defendant.

1. Basic facts

A. The Plaintiff filed a lawsuit against Defendant B (hereinafter “B”), D, and Bosco Industry Co., Ltd. (hereinafter “Ssco industry”), seeking rent from the other company, as the court 2005Gahap45464, and this court rendered a judgment that partly accepted the claim against Defendant B and D and that dismissed the claim against the Bosco industry.

B. On November 28, 2006, the appeal filed by the Plaintiff as Seoul High Court No. 2006Na68683, and on November 28, 2006, the Bosco Industry was declared bankrupt by its creditors (Seoul Central District Court 2006Hahap58), and C (hereinafter “Defendant bankruptcy trustee”) appointed as the bankruptcy trustee took over the lawsuit of Bosco industry.

On August 21, 2007, Seoul High Court jointly and severally paid to the Plaintiff 500,000,000 won and interest thereon at the rate of 20% per annum from September 1, 2007 to the date of full payment. The Plaintiff rendered a decision in lieu of conciliation (hereinafter “decision in lieu of conciliation in this case”) to the effect that the bankrupt Bosco industry has a bankruptcy claim of 500,000,000 won. The above decision became final and conclusive on August 21, 2007.

C. On February 15, 2017, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of claims pursuant to the decision in lieu of the instant conciliation.

[Based on recognition] Defendant B and D: The fact that there is no dispute (Article 150(3) of the Civil Procedure Act); Defendant bankruptcy trustee: The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B and D, Defendant B and D are jointly and severally liable to pay to the Plaintiff the adjusted amount of KRW 500,000,000 in lieu of the instant conciliation and damages for delay calculated at the rate of 20% per annum from September 1, 2007 to the date of full payment.

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