1. The instant lawsuit shall be dismissed.

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

1. Recognizing the following facts, each statement of evidence Nos. 1, 2, and 3 does not conflict between the parties or may be admitted in full view of the purport of the entire pleadings:

The Plaintiff, in the name of “F” in the old and American City E, runs wholesale and retail business, such as the manufacture of home-based machinery. From March 31, 2018 to November 25, 2018, the Plaintiff supplied products equivalent to KRW 71,281,540 in total to Company B (hereinafter “instant company”) and the amount of KRW 7,080,000 in total paid from the instant company remains 64,201,540 ( KRW 71,281,540 - 7,080,000).

(hereinafter “instant goods payment claim”). B.

On the other hand, the instant company filed an application for rehabilitation with the Daegu District Court on January 14, 2019 (2019 Gohap104) (hereinafter referred to as “instant rehabilitation procedure”). On February 15, 2019, the said court appointed the Defendant as the custodian of the instant company (hereinafter “instant rehabilitation procedure”); the period from March 5, 2019 to March 22, 2019; and the period from March 25, 2019 to April 5, 2019 was determined to be from March 25, 2019 to April 5, 2019.

C. On September 24, 2019, the Daegu District Court held a meeting of interested parties for the special inspection date and the examination of the rehabilitation plan regarding the rehabilitation procedure in the instant case, and on the same day, decided to authorize the rehabilitation plan to the instant company.

In the rehabilitation procedure of this case, the Plaintiff reported the price claim of the instant goods as a rehabilitation claim, and the Defendant recognized the above claim and entered the Plaintiff’s price claim in the list of rehabilitation creditors under the rehabilitation plan against the Defendant in the list of rehabilitation creditors.

E. On January 3, 2019, the Plaintiff filed a lawsuit against the instant company seeking the payment of the instant goods payment claim, and is currently pending in the lawsuit. On December 26, 2019, the Defendant taken over the instant lawsuit by the court’s continuation order.

2. Determination as to the legitimacy of the instant lawsuit

A. Relevant legal principles.