2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On March 4, 2010, the Plaintiff lent KRW 3,000,000 to the Defendant at the interest rate of 48.545% per annum and delay damages rate.

(hereinafter “instant loan agreement”). The Defendant, from August 27, 2010, lost the benefit of time due to delay in payment of the principal and interest.

B. As of December 1, 2016, the obligation under the instant loan agreement (which was calculated within the scope of a change in the interest limitation rate under the Interest Limitation Act) is a total of 7,066,225 won ( principal 2,574,317, interest 4,491,908).

C. On November 23, 2010, the Defendant filed an application for rehabilitation with the Jeonju District Court 2010dan12, and the said court rendered a decision to commence rehabilitation procedures with respect to the Defendant.

(hereinafter “instant rehabilitation procedure”). After the above decision, documents related to the procedure were served on the Plaintiff, including the notice of the date of meeting of creditors, the notice of commencement of rehabilitation procedures, and the notice of the report on claims reporting.

The plaintiff did not report the claim in the rehabilitation procedure of this case, and the defendant did not include the plaintiff's claim in the list of rehabilitation creditors.

In the instant rehabilitation procedure, the Defendant obtained the authorization decision of the rehabilitation plan on August 23, 2011, and became final and conclusive. The final and conclusive rehabilitation plan was not included in the Plaintiff’s claim claim.

The above rehabilitation procedure against the defendant was abolished on January 6, 2015, and became final and conclusive around that time.

[Reasons for Recognition] Facts without dispute and significant facts in this court, Gap evidence 1, 2, 3, Eul evidence 11 to 14, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The defendant asserts that the lawsuit of this case is unlawful against the validity of the authorized rehabilitation plan, and thus, we examine it.

B. The term “Rehabilitation claim” under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) means the cause of the occurrence of a claim, such as declaration of intent, etc., prior to the commencement of rehabilitation procedures.