A. On July 7, 2017, the Plaintiff filed the instant lawsuit against C seeking payment of KRW 34,942,479 for the goods price and damages for delay thereof, and the court of the first instance accepted the Plaintiff’s claim on December 11, 2018.

B. Meanwhile, on January 9, 2019, C filed an application for commencement of rehabilitation procedures with this Court 2019 Gohap1001, and the said court rendered a decision on commencement of rehabilitation procedures on May 24, 2019, deemed the Defendant as a custodian, and set the period of inspection of rehabilitation claims and rehabilitation security rights until July 12, 2019 (hereinafter “inspection period”).

C. The Plaintiff filed a report on the amount of the instant claim as a rehabilitation claim within the period for reporting the rehabilitation claim under the above rehabilitation procedure, and damages for delay calculated at the rate of 15% per annum from May 24, 2019, until the day immediately preceding the decision to commence the rehabilitation procedure (as of May 23, 2019), and damages for delay calculated at the rate of 9,534,988 won and 15% per annum from May 24, 2019. However, the Defendant filed an objection on the ground that the lawsuit is pending.

On August 2, 2019, which was within one month from July 12, 2019, the end of the inspection period for rehabilitation claims in the above rehabilitation procedures, the Plaintiff filed an application with this court for taking over the litigation procedures in this case.

[Ground of recognition] Facts without dispute, Gap evidence 9, 10 evidence, Eul evidence 11, the purport of the whole pleadings

2. Determination

A. In cases where there is a final judgment or an executory title on a rehabilitation claim pursuant to Article 174 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), an objector may raise an objection only through the litigation procedures that the debtor is able to take (Paragraph 1). When a lawsuit on the rehabilitation claim continues in the court, the objector shall take over the litigation procedures with the rehabilitation creditor as other party (Paragraph 2), and an application to take over the litigation procedures shall be filed within one month from the last day of the inspection period or from the special inspection date.

(3) The taking-over under the provisions of paragraphs (2) and (2) above.