The judgment below

Of them, the remaining part of the beneficiary corporation, excluding the amount of seizure and collection order.

The grounds of appeal are examined.

1. Where a decision has been made to commence the rehabilitation procedures for a third debtor following the seizure and collection order for the claims, only the collection creditor may institute a lawsuit for confirmation of rehabilitation claims against the third debtor, and the collection debtor loses the standing to institute a lawsuit for confirmation of rehabilitation claims, but when the collection creditor, while the lawsuit for confirmation of rehabilitation claims is pending, loses the ability to collect by withdrawing an application for the seizure and collection order, the collection debtor shall recover the standing to be the party;

Such circumstances should be examined and determined by the court ex officio, even if the parties did not assert, and if such circumstances were to arise after the closing of the arguments at the court of final appeal, they should

(See Supreme Court Decision 2007Da63362 Decided November 29, 2007). The reporting system on rehabilitation claims is aimed at identifying who is a rehabilitation creditor and at identifying the existence and content of the rehabilitation claim. As such, inasmuch as the reporting system aims at identifying who is a rehabilitation creditor, the reporting system should treat the rehabilitation claim as valid once it exists and the reporting is filed, and in cases where it is proved that there is a separate creditor, the true creditor should be treated as

(See Supreme Court Decision 2002Da62715 Decided September 26, 2003). Such legal doctrine applies to a case where a collection obligor reported rehabilitation claims and subsequently restored the ability to collect claims after the issuance of a seizure and collection order on the claims.

2. The court below held that the Plaintiff’s creditor, Busan Savings Bank’s bankruptcy trustee (hereinafter “Korea Deposit Insurance Corporation”) and beneficiary, Inc. (hereinafter “beneficiary”) received each seizure and collection order against the Plaintiff’s instant loan claims against the Defendant, and the Plaintiff lost the Plaintiff’s standing to file a lawsuit seeking confirmation of the above loan claims, and even if rehabilitation claims are finalized, the Plaintiff may execute it.