2. Defendant C.

A. On September 8, 2016, Samjin Trade Co., Ltd. issued one electronic bill (hereinafter “instant bill”) with the electronic bill number D, face value 80,000,000 won, and due date January 11, 2017, which became the broad name point of the Korean Bank Co., Ltd. (hereinafter “the instant bill”). Thereafter, the instant bill was endorsed and transferred in sequence to the Defendant C and the Plaintiff.

B. On January 11, 2017, the due date for the bill of this case, the Plaintiff presented a proposal for payment, but was denied on the ground that “legal restrictions (provisional attachment, preservation of property, and provisional disposition for suspension of payment)” was “legal restrictions.”

C. On the other hand, the rehabilitation procedure was commenced on October 28, 2016 with Suwon District Court 2016 Gohap10044, and B was appointed as the administrator.

In the above rehabilitation procedure, a decision to authorize the rehabilitation plan was made on June 1, 2017.

【Defendant-Appellant-Appellee Administrator B: Fact that there is no dispute, entry of evidence A 1 and 2, purport of the whole pleadings, Defendant-E: deemed confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), the Plaintiff’s lawsuit against the Plaintiff’s custodian B against the Defendant’s Debtor Rehabilitation and Trade Administrator B is lawful ex officio. (2) According to the Debtor Rehabilitation and Bankruptcy Act, any property claim arising prior to the commencement of rehabilitation procedures constitutes rehabilitation claims (Article 118); any custodian appointed according to the decision to commence rehabilitation procedures shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to the commencement of rehabilitation procedures (Article 147(1)); any rehabilitation creditor, etc. recorded in the list shall be deemed to have been reported pursuant to the provisions of the Act (Article 151); any rehabilitation creditor who intends to participate in rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148(1)); and any rehabilitation claim becomes final and conclusive.