1. The instant lawsuit shall be dismissed.

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

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, and 3, unless there is a dispute between the parties or in full view of the purport of the whole pleadings:

From November 2015, the Plaintiff changed to C (hereinafter “instant company”) from November 2015 to October 23, 2017; however, regardless of whether it was before or after the change of trade name, made and revised land, parts, etc. necessary for the processing of machinery, parts, etc.; and the Plaintiff paid the price equivalent to KRW 148,525,40 by March 2017; and the price for goods which was partially paid and not paid from the instant company was KRW 41,948,356 (hereinafter “the price for goods”).

Accordingly, the Plaintiff is continuing to file the instant lawsuit seeking the payment of the instant claim against the instant company.

B. Meanwhile, the instant company filed an application for rehabilitation with the Daegu District Court on June 17, 2019 (2019 Gohap137) (hereinafter referred to as “instant rehabilitation procedure”). On July 16, 2019, the said court appointed the Defendant as the custodian of the instant company (hereinafter “instant rehabilitation procedure”); the period from August 7, 2019 to August 28, 2019; and the period of inspection of rehabilitation claims and rehabilitation security rights from August 29, 2019 to September 18, 2019.

C. On April 14, 2020, the Daegu District Court held a meeting of interested parties for the special inspection date and the examination and resolution 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 defendant stated the plaintiff's claim for the price of the goods of this case on the list of rehabilitation creditors.

E. The above A.

As stated in the subsection, the instant lawsuit is pending, and the Defendant took over the instant lawsuit by the court’s continuation order on May 26, 2020.

2. Determination as to the legitimacy of the instant lawsuit

A. Relevant legal principles.