1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On November 27, 2001, the Plaintiff was appointed as a director of a stock company B (hereinafter “instant company”) and served until March 3, 2013. On March 4, 2013, the Plaintiff was appointed as the representative director of the instant company and resigned on June 7, 2016.

B. On October 11, 2016, the Plaintiff asserted that there was a claim for retirement allowance of KRW 168,567,981 (hereinafter “instant claim”) in accordance with the provisions on the payment of retirement allowances for officers of the instant company, and filed an application for payment order against the instant company with the Daegu District Court, Kimcheon-si Branch of the Daegu District Court for the instant claim, and issued a payment order on October 14, 2016 (2016 tea1145), but the instant lawsuit was pending against the instant company on its objection.

C. Meanwhile, the instant company filed an application for rehabilitation with the Daegu District Court on January 11, 2019 (2019 Gohap103) (hereinafter referred to as “instant rehabilitation procedure”). On February 22, 2019, the said court appointed the Defendant as the custodian of the instant company (hereinafter “instant rehabilitation procedure”); the period from March 11, 2019 to April 1, 2019; and the period from April 2, 2019 to April 16, 2019, determined the period from April 2, 2019 to April 16, 2019.

On October 14, 2019, the Daegu District Court held a meeting of interested parties to examine the rehabilitation procedure of this case on the special inspection date and the rehabilitation plan, and on the same day, decided to authorize the rehabilitation plan of this case to the company of this case.

E. The Defendant raised an objection to the instant claim in the instant rehabilitation procedure.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 3 evidence, purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. According to the relevant legal doctrine and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), a property claim against a debtor arising prior to the commencement of rehabilitation procedures constitutes a rehabilitation claim (Article 118), and the custodian is a rehabilitation creditor, etc.