1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. From April 2012 to March 18, 2016, the Plaintiff, who runs the sales business of livestock products, supplied pigs slaughtered to an agricultural company Daelim Co., Ltd. (hereinafter “Largelim Co., Ltd.”) from around April 2012 to March 18, 2016, and the amount of goods for which Daelimk did not pay to the Plaintiff by March 18, 2016 is KRW 248,013,49.

B. On June 3, 2016, Taiwan was declared bankrupt by the Daejeon District Court 2016Hau506, and the Defendant was appointed as a trustee in bankruptcy on the same day, and the present bankruptcy proceeding is in progress.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including satisfy number), the purport of the whole pleadings

2. The Plaintiff’s assertion is that the Defendant shall pay to the Plaintiff KRW 248,013,49 not paid out of the price of slaughtered pigs supplied to the Plaintiff from March 18, 2012 to March 18, 2016, and delay damages therefrom.

3. Determination as to the legitimacy of the instant lawsuit is examined, and any property claim arising from the cause before the debtor is declared bankrupt constitutes a bankruptcy claim (Article 423 of the Debtor Rehabilitation Act). Since a bankruptcy creditor under a declaration of bankruptcy is prohibited from exercising his/her right and can obtain the satisfaction only by participating in the bankruptcy procedure (Article 424 of the same Act). Thus, filing a lawsuit for direct performance by a bankruptcy creditor without going through the bankruptcy procedure is unlawful as it is not allowed.

On June 3, 2016, pursuant to the Daejeon District Court Decision 2016Hahap5006, the bankruptcy procedure is in progress. The Plaintiff’s price for the goods is a bankruptcy claim that occurred before bankruptcy is declared. As seen earlier, the Plaintiff is only able to exercise its right under the bankruptcy procedure, and the Plaintiff’s lawsuit against the Defendant, the trustee in bankruptcy, who is the large Mapock, cannot bring an action against the Defendant, is unlawful, on the ground that the Plaintiff’s claim against the Defendant is unlawful.

4. Conclusion, the plaintiff's defendant.