1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 19, 2012, the Plaintiff and the Geum-gu Enterprise Co., Ltd. (hereinafter “gold-gu Enterprise”) filed a lawsuit against Cheongju District Court Decision 2012Gahap560 against the Dong-gu Construction Industry Co., Ltd. (hereinafter “Dong-dong Construction Industry”) seeking the payment of the joint operation expenses claim (hereinafter “instant claim”) incurred while carrying out construction works on the roads connected to Yangyang-dong District, for which the Plaintiff, Geum-gu Enterprise, and Yangyang Construction Industry ordered joint contractors (hereinafter “Dong-dong Construction Industry”), and the Defendant filed a lawsuit as the legal representative of the Plaintiffs (Plaintiff and Geum-gu Enterprise) of the instant lawsuit.

B. On November 29, 2012, where the instant lawsuit is pending, the same construction industry received a decision to commence rehabilitation procedures from the Seoul Central District Court 2012 Ma228 (hereinafter “instant rehabilitation procedures”). On January 29, 2013, the said court issued a notice to the effect that, inasmuch as a custodian raises an objection to the instant claim reported as rehabilitation claims under the instant rehabilitation procedures to the Plaintiff at the time the rehabilitation procedures commence, if the lawsuit on the instant claim is pending at the time the rehabilitation procedures commence, it would not be possible to assert the right against all objectors as rehabilitation creditors (hereinafter “instant notice”).

On February 12, 2013, one month after the end of the inspection period of the rehabilitation claim under the above notice, and the defendant applied for the acceptance of the lawsuit of this case to the court of the lawsuit of this case on March 5, 2013.

C. On October 17, 2013, the court of the lawsuit in question filed an application for the transfer of the lawsuit in this case after the lapse of one month from January 8, 2013, which was the end of the inspection period of the rehabilitation claim in this case.