1. The instant lawsuit shall be dismissed.

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

1. On December 8, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) with respect to the claim for construction price against the Defendant of the non-party Mail Industrial Co., Ltd. (hereinafter “non-party 1”) on the basis of the notarial deed No. 801 of 2014, the notarial Deed No. 801, which was issued by a notary public, from the Changwon District Court Branch 2015TTT 50853, Dec. 8, 2015. This was served on the Defendant on December 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2-1 and 2-2, the purport of the whole pleadings

2. The defendant, after the collection order of this case, asserted that the lawsuit of this case is unlawful since the non-party company was declared bankrupt and the plaintiff lost its ability to collect.

When a bankruptcy is declared, a bankruptcy creditor may obtain satisfaction only by participating in the bankruptcy procedure (Article 424 of the Debtor Rehabilitation and Bankruptcy Act). Compulsory execution and preservative measure against the property belonging to a bankruptcy estate based on a bankruptcy claim prior to the declaration of bankruptcy shall lose its effect against the bankrupt estate (main sentence of Article 348(1)2 of the same Act). According to the statement in subparagraph 2 of Article 348(1) of the same Act, it is recognized that the sub-committee was declared bankrupt by the Changwon District Court on January 8, 2016.

Thus, the collection order of this case against the defendant of the non-party company, which is a bankruptcy claim prior to the declaration of bankruptcy, against the plaintiff's non-party company's claim based on the above notarial deed-based claim against the above notarial deed-based, was invalidated by the above declaration of bankruptcy. Accordingly, the plaintiff's right to litigation

Therefore, the plaintiff's lawsuit of this case, which falls under the third party lawsuit, is unlawful.

3. According to the conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.