The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. On November 4, 2009, the Plaintiff filed a lawsuit against the Defendant and received a judgment in favor of the Defendant to the effect that the Defendant would pay KRW 60 million and delay damages therefrom from the above court. The said judgment of the first instance court became final and conclusive on August 16, 2010 through the appellate court (Seoul Central District Court 2010Na1097) and the final appeal (Supreme Court 2010Da48912) and the final appeal (Supreme Court 2010Da48912).

The Plaintiff filed the instant lawsuit in order to interrupt extinctive prescription of the claim based on the foregoing final judgment (hereinafter “instant claim”).

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The Defendant filed an application for adjudication of bankruptcy and exemption from liability with Seoul Rehabilitation Court No. 2013Hadan7341 and 2013Ma7341, and on October 1, 2013 in the above case of adjudication of bankruptcy, a ruling of bankruptcy was rendered against the Defendant on October 1, 2013, and C submitted a list of creditors including the Plaintiff in the case of adjudication of bankruptcy, such as the above declaration of bankruptcy, and the Defendant submitted a list of creditors including the Plaintiff. The fact that the Plaintiff was served with the decision of adjudication of bankruptcy and the notification of creditors, etc. is obvious in the record. Meanwhile, the instant lawsuit was filed on May 11,

In the lawsuit related to the bankrupt foundation after bankruptcy is declared, the bankruptcy trustee has the standing to sue (see Article 359 of the Debtor Rehabilitation and Bankruptcy Act), and the claims in this case constitute bankruptcy claims as property claims arising before bankruptcy is declared against the defendant.

However, the instant lawsuit filed against the Defendant, who is not the trustee in bankruptcy, is unlawful as it is filed against a person who is not a party.

In addition, bankruptcy claims cannot be exercised without resorting to bankruptcy procedures, and in order to exercise bankruptcy claims, the bankruptcy court shall report the bankruptcy claim to the bankruptcy court within the period set by the court and the bankruptcy claim investigation is conducted.