The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Whether the lawsuit of this case is legitimate (the judgment on the defense before the merits), the defendant is deemed to have raised a lawsuit of this case against a person who has no capacity to be a party, and thus, to have the defense of safety that the lawsuit of this case must be dismissed by law

The legal personality of a legal entity shall be extinguished unless there are special circumstances such as the completion of bankruptcy proceedings against a legal entity due to the closure of bankruptcy or the abolition of bankruptcy (see Supreme Court Decision 89DaKa2483, Nov. 24, 1989). In full view of the overall purport of pleadings as to the evidence No. 1 and evidence No. 3-1 and No. 4, the defendant was declared bankrupt on March 24, 2004 and bankruptcy proceedings were conducted on July 19, 2015 by the above court (see Supreme Court Decision 2004Du428, Mar. 31, 2005). Thus, it is reasonable to view that the defendant was not subject to the closure of bankruptcy proceedings due to lack of expenses pursuant to Article 325(1) of the former Bankruptcy Act (see Supreme Court Order 89DaKa2483, Nov. 24, 1989).

Therefore, the plaintiff's lawsuit against the defendant is brought against a person who has no capacity to stand a party, and it is deemed as an incidental law. Therefore, the defendant's main defense of safety pointing this out is justified.

2. In conclusion, the plaintiff's lawsuit is unlawful and thus, it is so decided as per Disposition.