1. The instant lawsuit shall be dismissed.

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

1. The purport of the Plaintiff’s assertion falls under a speculative act against the Plaintiff, who is the obligee for the payment of goods, and thus, the payment contract for the payment for the goods constitutes a contract for the payment for the goods. The above contract for the payment for the goods must be revoked, and the Plaintiff shall be obliged to pay KRW 22 million, which is the value of the said parts, to the Plaintiff due to the reinstatement.

2. According to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure has been rendered, the avoidance power may be exercised by the debtor, and the court may order the debtor to exercise the avoidance power by its inherent jurisdiction or upon the application of the creditor or rehabilitation commissioner. When a lawsuit filed by the individual rehabilitation creditor is pending at the time when the decision to commence the individual rehabilitation procedure begins, the lawsuit shall be interrupted until the takeover of the lawsuit or the termination of the individual rehabilitation procedure is completed.

In light of the purport of the foregoing provision and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the purpose of avoidance power, etc., after a decision to commence individual rehabilitation procedures has been rendered, the avoidance power aimed at equal repayment to all creditors shall be exercised after the individual rehabilitation procedures have been rendered. An individual rehabilitation creditor who is unable to receive or require repayment of individual rehabilitation claims stated in the list of individual rehabilitation creditors may not file a lawsuit seeking revocation of creditors with the aim of preserving the liability for individual claims on the premise of individual compulsory execution (see Supreme Court Decision 2010Da37141, Sept. 9, 2010). Such legal doctrine equally applies to cases where the debtor is declared bankrupt.

According to the evidence evidence Nos. 3 and 3, C can be acknowledged as having been declared bankrupt on January 11, 2018 by the Ulsan District Court 2017Hadan739 and publicly notified as of the same day, and the lawsuit of this case is above.