1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. During the period from January 26, 2018 to April 21, 2018, the Plaintiff sold the Otiller to the Defendant. The Plaintiff did not receive KRW 47,190,000 from the Defendant.

B. Meanwhile, on June 6, 2018, the Defendant filed an application for rehabilitation with Busan District Court 2018 Gohap1014.

The defendant was decided to commence rehabilitation procedures on September 20, 2018, and obtained the rehabilitation plan approval on May 15, 2019.

C. On October 16, 2018, the Plaintiff reported the price-price claim to Busan District Court as a rehabilitation claim. The Defendant affixed the Plaintiff’s above claim to the Plaintiff, and the list of rehabilitation creditors in the rehabilitation plan against the Defendant stated KRW 47,190,000 of the Plaintiff’s price-price claim to the Defendant.

【Uncontentious facts, Gap’s evidence Nos. 1, 2, and 3, Eul’s evidence Nos. 1 and 2, the purport of the whole pleadings

2. We examine the legality of the instant lawsuit ex officio.

A. According to the relevant law, when it is decided to authorize a rehabilitation plan, the rights of rehabilitation creditors, etc. are altered according to the rehabilitation plan (Article 252(1)); except for the rights recognized under the rehabilitation plan or the rehabilitation security right pursuant to the Debtor Rehabilitation Act, the debtor is exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251); and the entry of the list of rehabilitation creditors or the list of rehabilitation secured creditors, of rights recognized under the rehabilitation plan based on any rehabilitation claim or rehabilitation security right, is the same as the final and conclusive judgment at the time a decision to authorize a rehabilitation

(1) Article 255(1) of the Civil Act provides that a lawsuit on a pending rehabilitation claim is unlawful as there is no benefit of the lawsuit (see, e.g., Supreme Court Decision 2013Da17971, Jun. 26, 2014).

According to the facts acknowledged above in this case, the plaintiff's claim against the defendant is entered in the list of rehabilitation creditors, and the rehabilitation plan is authorized for the defendant.