1. The instant lawsuit shall be dismissed.

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

When a decision is made to commence rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), the right to perform the debtor’s business, and to manage and dispose of assets shall be exclusively attached to the trustee (Article 56(1) of the Debtor Rehabilitation Act); and the custodian shall become a party in the lawsuit concerning the debtor’s property.

(1) Article 78 of the Debtor Rehabilitation Act (Article 78 of the Debtor Rehabilitation Act). (A) If the Defendant’s party capacity is examined ex officio by this court, or in light of the purport of the entire pleadings, the Defendant Company B was ordered to commence rehabilitation procedures at the Jeonju District Court on December 10, 2010. On the same day, C was appointed as the manager of the said Company. On November 17, 2014, the Plaintiff filed an application for the instant payment order with B as the Defendant, and on May 27, 2015, the Defendant Company B issued an order to revise the indication of the party to indicate “C” on May 27, 2015 and issued an order to correct the indication of the party on June 31, 2015 to the Plaintiff at the date of pleading. Nevertheless, the Plaintiff did not comply with all necessary measures by July 15, 2015, the date of closing the argument in this case.

Therefore, the lawsuit of this case is illegal as it is filed against the defendant who is not a party ability, and it is so decided as per Disposition by the assent of all participating Justices.