1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion was transferred from the Council of Bolue Household Cooperation Co., Ltd. (name of the Company AWnnp and T&S Holdings), which was authorized in the rehabilitation procedure against the Defendant, KRW 5,000,000,000 (hereinafter “instant claim”).

Although the Defendant decided to repay the instant claim over three years from the end of 2017, the Defendant lost the benefit of time due to the fact that the instant claim is in an infinitely impossible condition.

Therefore, the defendant should pay to the plaintiff KRW 500,000,000, which is a part of the claim of this case, and damages for delay.

2. Judgment on the main defense of this case

A. The instant claim asserted that the Defendant’s main defense ground Plaintiff was transferred is a claim entered in the table of rehabilitation creditors under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the entry in the table of rehabilitation creditors becomes effective as a final and conclusive judgment, and thus, there is no benefit of lawsuit by the Plaintiff.

B. According to the Debtor Rehabilitation Act, when it is decided to authorize a rehabilitation plan, the rights of rehabilitation creditors, etc. are modified according to the rehabilitation plan (Article 252(1)); the debtor, except for the rights recognized under the rehabilitation plan or the Debtor Rehabilitation Act, is exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251); the entry of the table of rehabilitation creditors or the table of rehabilitation secured creditors on the rights recognized under the rehabilitation plan based on the rehabilitation plan has the same effect as the final and conclusive judgment at the time the decision to authorize a rehabilitation plan becomes final and conclusive (Article 255(1)); and the compulsory execution may be conducted according to the table of rehabilitation creditors after the rehabilitation procedure is completed (Article 255(2)); the Defendant filed an application for rehabilitation with the Seoul Rehabilitation Court 2013 Ma106, and part of the Plaintiff’s lawsuit in this case.