1. The instant lawsuit shall be dismissed.

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

On May 10, 1984, the Plaintiff worked for a new comprehensive financial company, and withdrawn on April 30, 1998, and the said company did not pay 58,645,710 won out of retirement pay to the Plaintiff up to the date of the resolution of bankruptcy on October 9, 1998, and on the ground that the Defendant was appointed as a trustee in bankruptcy, the said company filed a claim against the Defendant for the payment of the amount of 58,645,710 won in the remainder of the retirement pay and the delay damages from the date following the delivery of a copy of the complaint as to the amount of 58,645,710 won in the interim retirement pay and damages for delay after April 30, 1998.

In this regard, the defendant asserts that the plaintiff's claim for the remainder of the retirement allowance is a bankruptcy claim, and that the lawsuit of this case, without undergoing bankruptcy claim confirmation procedure, is unlawful.

Therefore, according to the statement of evidence No. 4-1 as to the legitimacy of the lawsuit of this case, the above company can be recognized as having been declared bankrupt on October 9, 1998 by the Seoul District Court 98Ha19, and the plaintiff's claim for the balance of retirement pay constitutes "priority bankruptcy claim" as provided by Article 32 of the former Bankruptcy Act (amended by Act No. 6111 of Jan. 12, 2000) and cannot be exercised without resorting to bankruptcy procedure pursuant to Article 15 of the same Act.

Thus, the lawsuit of this case is unlawful and dismissed.