The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The Plaintiff, as the cause of the claim, has supplied 18 kinds of solid-saving parts to the Defendant, and there was a delay in the payment from May 2013, and the total amount of the overdue payment amounts to KRW 274,104,083. The Plaintiff asserted that it was only paid KRW 13,835,777 from the Defendant, and sought against the Defendant the remaining claim for the payment of the remaining goods (260,268,306 won (274,104,083-13,835,777 won) and the delay damages.

2. A rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) ex officio whether the instant lawsuit is lawful shall report the rehabilitation claim (Article 148(1) of the Debtor Rehabilitation Act); when an objection is raised against the reported rehabilitation claims, all of the objectors may file an objection with the court for the final claim inspection judgment (Article 170(1) of the Debtor Rehabilitation Act); and any person dissatisfied with the judgment may file a lawsuit of objection against the final claim inspection judgment with the court.

(1) Article 171(1) of the Debtor Rehabilitation Act provides that “When there is no objection against any reported rehabilitation claim, the claim shall be confirmed as stated in the report (Article 166 subparag. 1 of the Debtor Rehabilitation Act), and when any confirmed rehabilitation claim is entered in the table of rehabilitation creditors, the entry in the table of rehabilitation creditors has the same effect as the final and conclusive judgment (Article 168 of the Debtor Rehabilitation Act).” Meanwhile, Article 255(2) of the Debtor Rehabilitation Act provides that “The lawsuit on rehabilitation claims is illegal as there is no benefit of lawsuit (see, e.g., Supreme Court Decision 2019Da243420, Mar. 2, 2020).”

The exemption here means the obligation itself still exists, but the company.