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1. The lawsuit against the defendant bankrupt debtor, the debtor in bankruptcy, the mining comprehensive construction corporation B shall be dismissed;
2. Defendant C.
Reasons
In this case in which the claim against Defendant C was indicated, this Court Decision 2003Gahap4362 (principal suit), 2003Gahap5211 (Counterclaim), which is based on the conciliation established on May 11, 2005 (Articles 208(3)2 and 150(3) of the Civil Procedure Act), the judgment for the confession of applicable provisions of the law of the liquidation bonds (Articles 208(3)2 and 150(3) of the Civil Procedure Act), which is based on the conciliation established on May 11, 2005, the Plaintiff filed a claim against the bankruptcy trustee B against the Defendant Bankruptcy Corporation,
ex officio, the above-mentioned claim cannot be exercised without resorting to bankruptcy procedures because it constitutes a bankruptcy claim. If the bankruptcy trustee denies, it is only possible to determine the amount of the bankruptcy claim through the bankruptcy claim confirmation lawsuit, and it is not allowed to directly seek the payment of the claim against the bankrupt by making the bankruptcy trustee the defendant as in this case.
Therefore, this part of the lawsuit is illegal and dismissed.