1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Progress of the instant lawsuit

A. On July 1, 2015, the Plaintiff filed the instant lawsuit seeking the return of the loan against the debtor B.

B. On November 11, 2015, during the first instance trial, the Suwon District Court rendered a decision on commencing the rehabilitation procedure (2015dan29, Nov. 11, 2015) with respect to B on November 11, 2015, and the rehabilitation debtor himself/herself (hereinafter “Defendant”) was deemed a custodian unless the custodian is appointed.

The litigation procedure of this case was interrupted by the above ruling.

C. The rehabilitation court determined the reporting period of rehabilitation claims and rehabilitation security rights as “from December 3, 2015 to December 23, 2015” and “from December 24, 2015 to January 13, 2016”. D.

On December 23, 2015, the period for reporting rehabilitation claims, the Plaintiff reported the instant loan claims to the rehabilitation court as rehabilitation claims, and filed an application to resume the lawsuit with the first instance court on December 31, 2015, which is before the end of the inspection period.

E. On January 13, 2016, the last day of the investigation period, the Defendant denied the above claim through the submission of the Sibook, and the other interested parties did not raise any objection.

[Ground of recognition] Facts without dispute, Gap evidence 15, 16, Eul evidence 11, 12, 13, and 16, and the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. When any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder or any equity right holder raises an objection to any rehabilitation claim and any rehabilitation security right entered in the list or reported, the right holder holding such rehabilitation claim or any rehabilitation security right (hereinafter in this Part “objected claim”) shall be the court, having all of the objectors as other parties.