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

A. On August 8, 2018, the Plaintiff filed an application for a payment order seeking the return of KRW 124,30,000 with respect to the loan No. 2018,663 of this Court (hereinafter “B”).

On August 10, 2018, B raised an objection against the payment order issued on August 10, 2018, and accordingly, it was implemented as the instant lawsuit.

B. On January 31, 2019, B filed an application for commencing rehabilitation procedures with Busan District Court 2019dan1002, which was decided on October 28, 2019, and the Defendant was appointed as the custodian.

The reporting period of rehabilitation claims was from November 18, 2019 to November 29, 2019, and the inspection period was from December 2, 2019 to December 13, 2019.

On November 12, 2019, the Plaintiff reported to the rehabilitation court the amount of KRW 124,300,000 as a rehabilitation claim. On December 13, 2019, the Defendant submitted to the rehabilitation court a back-to-date list stating that the amount of KRW 80,00,000 out of the above loans shall be the time limit and the remainder of KRW 4,30,000 shall be denied as a claim pending in the lawsuit.

C. The Defendant taken over the instant lawsuit on March 17, 2020.

On April 20, 2020, the Plaintiff submitted an application to amend the purport of the claim seeking confirmation of KRW 44,30,000 for rehabilitation claims.

[Ground of recognition] Unsatisfy, entry of evidence Nos. 1 to No. 3, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under property claims arising prior to the commencement of rehabilitation procedures are suspended (the Act is referred to below as the “Act”).

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report rehabilitation claims to the court within the period for reporting the claims (Article 148 of the Act). When the rehabilitation claims are not confirmed on the grounds of lawful objection by any custodian, etc. against reported rehabilitation claims, when any objection is raised by the custodian, etc., the right holder who holds the rehabilitation claims may file an application for the final claim inspection judgment (Article 170(