1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. Defendant B: (a) KRW 160,000,000 and as to the Plaintiff’s KRW 160,000.

1. Determination as to the legitimacy of a lawsuit against Defendant C

A. The plaintiff asserts that since the defendant C was jointly and severally liable for the debt of the defendant C, the plaintiff is jointly and severally liable with the defendant B to repay the debt of the loan to the plaintiff.

B. In bankruptcy proceedings pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), any bankruptcy creditor shall file a report on bankruptcy claims (Article 447(1)); when an objection is raised against any reported bankruptcy claims, all of the objectors may file a final claim inspection judgment with the court as other parties (Article 462(1) of the Act); and any person dissatisfied with the judgment may file a lawsuit of objection against the final claim inspection judgment with the court.

(Article 463(1) of the Act: Provided, That where any lawsuit on any bankruptcy claim is pending at the time the bankruptcy procedures commence, the bankruptcy creditor shall report the bankruptcy claim and where an objection is raised against the reported bankruptcy claim, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(Article 464 of the Act). Therefore, it is unlawful for a bankruptcy creditor to institute a lawsuit seeking the performance of a bankruptcy claim against an objector of a bankruptcy claim after the commencement of bankruptcy proceedings, or a lawsuit filed by a bankruptcy creditor, who is not pending in a lawsuit concerning a bankruptcy claim at the time of the commencement of bankruptcy proceedings, on behalf of going through the procedures provided for in Articles 447 and 462 of the

(see Supreme Court Decision 2011Da10310, May 26, 2011). According to the records, Defendant C is recognized as having received the ruling of bankruptcy by the Seoul Central District Court Decision 2015Hadan4526, Sept. 21, 2015, which was prior to the instant lawsuit.

The plaintiff's lawsuit against the defendant C is unlawful as it is filed against the bankruptcy claim after the defendant C was declared bankrupt.

2. Determination as to the claim against the defendant B

(a) Indication of claim: It shall be the same as the entry of the cause of claim in the attached payment order application;

(b) Service by publication;