1. The instant lawsuit shall be dismissed.

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

1. On April 5, 2012, prior to the filing of the instant lawsuit, the Defendant rendered a declaration of bankruptcy on the grounds that the instant lawsuit filed by the Plaintiff, a bankruptcy creditor, without resorting to bankruptcy procedures, is unlawful, and thus, the instant lawsuit filed by the Plaintiff, a bankruptcy creditor, is deemed unlawful.

Article 359 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that the trustee in bankruptcy shall be deemed to have the standing to sue in a lawsuit against the bankrupt estate. Article 384 of the Act provides that the right to manage and dispose of the bankrupt estate shall belong to the trustee in bankruptcy. Article 391 of the Act provides that the trustee in bankruptcy may exercise the right to set aside with respect to any act that the debtor causes damage to the bankruptcy creditor for the bankruptcy estate. Article 396 of the Act provides that the court may order the trustee in bankruptcy to exercise the right to set aside upon the request of the bankruptcy creditor or ex officio. Article 406 of the Act provides that when a lawsuit filed by the bankruptcy creditor is pending in the court at the time that the bankruptcy is declared bankrupt, the legal procedure shall be suspended until the takeover of the bankruptcy procedure or the termination of the bankruptcy procedure, and Article 424 of the Act prohibits the trustee in bankruptcy from exercising any individual right without resorting to the bankruptcy procedure. In light of the contents and legislative purport of these provisions, the characteristic of collective debt treatment procedures, and the objective of the right to set aside for individual repayment after the bankruptcy creditor.