1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On May 27, 2015, the Plaintiff, as a creditor of C Co., Ltd. (hereinafter “C”), entered into a contract with C to acquire a claim (71,549,711 won, and the claim number D in the Seoul Rehabilitation Court case No. 2013 Ma119, May 28, 2015) against the Defendant, and notified the Defendant of the fact of the said acquisition contract by means of content certification.

B. Meanwhile, on June 24, 2013, the Defendant filed an application for rehabilitation with the Seoul Rehabilitation Court 2013 Gohap119, and the Defendant rendered a final decision to commence rehabilitation proceedings on July 16, 2013, and rendered a final decision to obtain the rehabilitation plan on March 28, 2014.

In the above rehabilitation plan, C's claims against the defendant are stated as follows: 464,608,511 won, and 71,549,711 won among them, if they are repaid in installments over six years from 2018 to 2023, the remainder is exempted.

C. On April 14, 2016, the aforementioned court rendered a decision to terminate rehabilitation procedures on the grounds that “the Defendant commenced reimbursement under the instant rehabilitation plan and there is no other evidence to deem that there exists no obstacle to the implementation of the rehabilitation plan.”

[Ground of recognition] Facts without dispute, Gap evidence 1 to 2, Eul evidence 1 to 4, the purport of the whole pleadings

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

When a decision to authorize a rehabilitation plan is made pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), the rights of rehabilitation creditors, etc. are modified according to the rehabilitation plan (Article 252(1)). Except for the rights recognized under the rehabilitation plan or the rehabilitation plan pursuant to the Debtor Rehabilitation Act, the debtor is exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251). The entry of any right recognized pursuant to the rehabilitation plan on the basis of any rehabilitation claim or rehabilitation security right in the table of the rehabilitation creditors or the table of the rehabilitation secured creditors, as at the time the decision to authorize a rehabilitation plan becomes final and conclusive