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

A. On July 25, 2000, C has jointly and severally guaranteed the obligation of indemnity against the plaintiff of the principal debtor D with respect to the amount of indemnity against the plaintiff, and the plaintiff has a claim for indemnity against C as the joint and several surety by subrogated for the bank loan obligation of D.

B. The plaintiff filed a lawsuit against C with respect to the claim for indemnity, and the Jeonju District Court rendered a judgment on October 31, 2002 that "C shall pay to the plaintiff 526,181,973 won (the additional guarantee fee of KRW 4,479,240, KRW 1,839,720) (the additional guarantee fee of KRW 519,863,013) and the additional guarantee fee of KRW 4,479,240), whichever is 519,863,013 won, calculated annually from January 11, 202 to April 4, 2002, and damages for delay calculated at the rate of 18% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

C. The Plaintiff: (a) based on the above winning judgment as the executive title, filed an application with C for a seizure and collection order against the debtor as the garnishee; (b) the third debtor as the defendant; and (c) the former District Court issued a seizure and collection order (hereinafter “instant seizure and collection order”) on December 7, 2015, with the former District Court 2015TT 100978; and (d) the instant seizure and collection order was served on the Defendant on December 11, 2015, and became final and conclusive around that time.

On March 10, 2017, the Plaintiff filed the instant lawsuit claiming collection money to the Defendant based on the instant seizure and collection order.

E. However, on April 10, 2018 where the instant lawsuit is pending, C received a ruling of commencement of rehabilitation as the case of Gwangju District Court 2018dan5001, and received a ruling of authorization of the rehabilitation plan on December 14 of the same year, and was publicly announced on December 17 of the same month, and around that time, the ruling of authorization of the rehabilitation plan became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap1 to 3 evidence, the whole purport of pleading

2. Determination as to the claim

A. In the instant case, the Plaintiff claimed the collection amount based on the instant seizure and collection order.

B. However, the debtor is the debtor.