1. The instant lawsuit shall be dismissed.

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

Facts of recognition

On January 29, 2016, the Plaintiff lent KRW 200,000 to B as the due date for the sale of real estate located in Dobong-gu Seoul Metropolitan Government, and lent KRW 12% interest per annum on November 10, 2016, and KRW 400,000 as the due date for the sale of three parcels, which was set at KRW 1,40,000,000, to the Plaintiff on December 23, 2016. (2) B sold KRW 1,400,000 to the Plaintiff on December 23, 2016, the Plaintiff decided to deduct the down payment and the remainder 435,00,000,000, excluding the balance of the loan, from KRW 600,000 borrowed from the Plaintiff.

1) On August 1, 2017, the Plaintiff: (a) the remainder of KRW 125,00,000, excluding KRW 75,000,000,000, out of the loan amount of KRW 200,000 as of January 29, 2016, the Plaintiff paid to B (hereinafter “the first claim claim”).

) The instant payment order was filed and the damages for delay was claimed. The remaining loans 41,30,000 won and interest 44,641,444 won (the total amount of loans as of January 29, 2016 and loans as of November 10, 2016, excluding KRW 600,700,000 and the total amount of loans as of November 10, 2016, excluding KRW 148,70,000 and interest 44,641,444 won (hereinafter “second claim”).

(2) On October 13, 2017, B filed an application for revision of the purport of the claim and the cause of the claim. On October 24, 2017, B filed an application for commencement of rehabilitation procedures with the Seoul Rehabilitation Court. On October 26, 2017, the said court decided to commence rehabilitation procedures and decided to appoint the Defendant as the custodian B, and the inspection period of rehabilitation claims and rehabilitation security rights from November 24, 2017 to December 7, 2017.

(Seoul Rehabilitation Court 2017dan100138). (3) The Defendant submitted a list of creditors, including the claim(s) to the Seoul Rehabilitation Court, on November 8, 2017, and submitted a list of creditors including the claim(s). On December 7, 2017, the Plaintiff reported the claim(s) to the Seoul Rehabilitation Court as a rehabilitation claim on December 12, 2017. (4) The Defendant raised an objection against the claim(s) reported on April 22, 2019.