The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 6(1) of the Debtor Rehabilitation and Bankruptcy Act provides that “Where a decision to discontinue the rehabilitation procedures has become final and conclusive after authorization for the rehabilitation procedures has been granted to a debtor who has not been declared bankrupt, the court shall declare bankruptcy ex officio when it recognizes the fact that causes bankruptcy to the debtor,” and Article 6(6) of the same Act provides that “when the debtor is declared bankrupt pursuant to the provisions of paragraph (1) or (2), the proceedings conducted by the custodian or the preservative custodian shall be interrupted. In this case, the trustee in bankruptcy or the other party may take over them.”

In light of the contents and purport of the above provisions, even if the decision to discontinue the rehabilitation procedures is confirmed after authorization is granted for the rehabilitation plan for the debtor, when the rehabilitation procedures are implemented following the ex officio declaration of bankruptcy under Article 6(1) of the Debtor Rehabilitation Act, the trustee in bankruptcy under Article 6(6) of the Debtor Rehabilitation Act may take over the litigation procedures based on the avoidance power that the trustee is performing in the previous rehabilitation procedures, and in such a case, the lawsuit following the exercise

According to the records, after authorization was granted for rehabilitation plan for B Co., Ltd. (hereinafter “debtor”) on November 8, 201, the decision to discontinue rehabilitation procedures became final and conclusive on October 30, 2012, which was pending in the final appeal, and on November 2, 2012, the Defendant was appointed as the trustee in bankruptcy of the debtor company, along with the declaration of bankruptcy for the debtor company under Article 6(1) of the Debtor Rehabilitation Act, and the Defendant is an objection to the decision to accept the claim for denial on November 6, 2012.