1. The instant lawsuit shall be dismissed.

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

1. As to whether the lawsuit in this case is lawful, the Defendant sought payment of the claim for construction price against the Defendant around 2015, and the Defendant’s order of commencement of corporate rehabilitation was issued on March 8, 2018, and accordingly, the Plaintiff asserts that it is unlawful to seek payment of the rehabilitation claim in this case without undergoing rehabilitation procedures and without undergoing rehabilitation procedures as the Defendant’s custodian.

When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under any property claim arising prior to the commencement of rehabilitation procedures shall be suspended (hereinafter referred to as the "Act").

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report to the court the rehabilitation claim within the period for reporting the rehabilitation claim and report the name of the party to the rehabilitation claim and the case number when the lawsuit continues to exist at the time rehabilitation procedures commence (Article 148(1) and (3) of the Act); when the rehabilitation claim is not confirmed on the grounds that the custodian, etc. has legitimate objection to the reported rehabilitation claim, any right holder holding the rehabilitation claim may file an application for the final claim inspection judgment (Article 170(1) of the Act); where a lawsuit is pending on the disputed claim at the time rehabilitation procedures commence, any person who holds the right to the rehabilitation claim shall take over the legal proceedings against all objectors to seek the final claim inspection judgment (Article 172(1) of the Act); and the above lawsuit shall take over the legal proceedings within one month after the date of the inspection period (Article 170(2) and Article 172(2) of the Act, and where the plaintiff files an application for taking over the rehabilitation claim after the period expires (see Supreme Court Decision 2000Da13138, May 24, 2018, 2019, etc.).