1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. A. Around July 2017, the Plaintiff paid KRW 100 million to the Defendant for the purpose of having the Defendant acquire CPublic Offering Stocks, and the Defendant agreed to repay KRW 217,377,000 to the Plaintiff on August 20, 2018.

B. However, on August 20, 2018, the Defendant failed to repay the price for the sale of the shares to the Plaintiff. Accordingly, on November 7, 2018, the Plaintiff entered into a contract with the Defendant to lend the said KRW 217,377,00 to the Defendant on December 30, 2018 due date, five percent per annum (However, on August 21, 2018, payment of interest shall be made from August 21, 2018), and fifteen percent per annum.

(hereinafter the above contract refers to the "instant contract", and subsequent claims are referred to as "credit for the instant loan"). [Judgment of the court below is without dispute, Gap evidence No. 1, and the purport of the whole pleadings]

2. According to the Plaintiff’s assertion’s contract of this case, the Defendant is obligated to pay the Plaintiff the interest or delay damages calculated at the rate of 5% per annum from August 21, 2018 to December 30, 2018, and the interest or delay damages calculated at the rate of 15% per annum from the next day to the date of full payment.

3. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination as to the legitimacy of the instant lawsuit.

A. Any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) shall report a rehabilitation claim (Article 148(1) of the Debtor Rehabilitation Act); when an objection is raised against any reported rehabilitation claim, all of the objectors may file a final claim inspection judgment with the court as the other party (Article 170(1) of the Debtor Rehabilitation Act); and any person dissatisfied with such judgment may file a lawsuit of demurrer against the final claim inspection judgment.

(Article 171(1) of the Debtor Rehabilitation Act. When no objection is raised to any reported rehabilitation claim, the claim shall be confirmed as declared (Article 166 Subparag. 1 of the Debtor Rehabilitation Act) and the confirmed rehabilitation claim.