1. The part against the Defendants in the judgment of the first instance against the Plaintiffs shall be revoked.

2. Of the instant lawsuit, Plaintiff Co., Ltd.

1. Whether the lawsuit against the Defendants by the bankrupt trustee in bankruptcy of the Yemanmane Co., Ltd., the lawsuit of the Plaintiff Semanemane Co., Ltd. is legitimate

A. According to the records of this case, on April 24, 2009, the Seoul Central District Court rendered a decision to commence rehabilitation proceedings for the Yemanma Co., Ltd. on April 24, 2009 as Seoul Central District Court 2009 Ma69, and D was appointed as the administrator. Nevertheless, it is recognized that the lawsuit of this case was filed against the Defendants in the name of the

However, if a decision on commencing rehabilitation procedures has been made and a custodian is appointed, the debtor loses his/her right to perform his/her duties and to manage and dispose of his/her property, and such right is exclusive to the custodian (Article 56(1) of the Debtor Rehabilitation and Bankruptcy Act). In a lawsuit on the debtor's property, the custodian becomes a party (Article 78 of the aforementioned Act). The lawsuit filed against the Defendants by the Semanmanma, Inc.

B. Meanwhile, according to the records of this case, on July 11, 2013, at the same time as the decision to discontinue the rehabilitation procedures was finalized, the Seoul Central District Court was declared bankrupt on July 11, 2013, and E was appointed as a trustee in bankruptcy on the same day, and on September 2, 2014, E resigned from office and appointed as a new trustee in bankruptcy, and C was requested to resume the lawsuit at the time of the trial by the trustee in bankruptcy.

However, the bankruptcy trustee ratified the lawsuit of this case filed in the name of the Symanma Co., Ltd.

or there is no evidence to deem that the bankruptcy court obtained permission with respect to the filing of the instant lawsuit, etc.

According to Article 492 subparagraph 10 of the Debtor Rehabilitation and Bankruptcy Act, where a trustee in bankruptcy intends to file a lawsuit, he shall obtain permission from the court, and if there is an inspection committee, he shall obtain the consent of the inspection committee, and if there is an inspection committee, he shall be less than ten million won, which shall be determined by the court.