1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On August 28, 2018, B Co., Ltd. (hereinafter “B”) issued to D a bill with the face value of KRW 300,000,000,000, and the due date of October 15, 2018 (hereinafter “instant bill”). The Plaintiff, as a lawful last holder of the instant bill with continuous endorsement, presented the instant bill at the said payment date, but the Plaintiff was refused to pay it.

B. The Plaintiff filed the instant lawsuit seeking the payment of the amount of a bill against B, who is the issuer of the instant bill. On November 22, 2018, the instant lawsuit was pending, and the decision to commence rehabilitation proceedings against B was rendered on November 22, 2018 by Seoul Rehabilitation Court 2018 Gohap1024. The rehabilitation court decided to regard the reporting period of the rehabilitation claim as the custodian from December 7, 2018 to December 20, 2018, and the inspection period from December 21, 2018 to January 10, 2019, respectively.

C. The Plaintiff’s claim for the Promissory Notes was entered in the rehabilitation claim list within the reporting period, but the Defendant raised an objection to the Plaintiff’s above rehabilitation claim within the said reporting period.

On September 25, 2019, the Plaintiff filed an application with this court for taking over the instant litigation procedure by the Defendant’s administrator.

[Ground of recognition] Facts without dispute, obvious facts in records, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

The rehabilitation claims that fall under the property claims that accrue prior to the commencement of the rehabilitation procedures, when the rehabilitation procedures commence, shall be suspended: Provided, That in cases where the lawsuit on the rehabilitation claims is pending at the time that the rehabilitation procedures commence, the rehabilitation creditors' objection is raised by interested persons at the inspection date, even though the report on the rehabilitation claims to the competent court of the rehabilitation case is filed