1. The instant lawsuit shall be dismissed.

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

1. Summary of the parties' arguments;

A. On July 12, 2016, the Plaintiff asserted that he leased approximately 90 square meters to the Defendant of Mapo-gu Seoul E and the third floor owned by the Defendant. The Defendant did not pay monthly rent, management fee, etc. from April 2017 and did not return the leased building on May 18, 2018 when the total unpaid rent, etc. reaches KRW 124,490,350.

At the time of the return of the above leased building, the Defendant, in addition to KRW 124,490,350, such as unpaid rent, bears the obligation of KRW 20,00,00,00 as well as KRW 150,650,350 as the total amount of KRW 6,160,00,00 for damages incurred due to a hot water supply accident in January 2018, and thus, is obligated to pay the Plaintiff the remainder after deducting the deposit and the delay damages therefrom.

B. Since the Defendant’s claim, such as the unpaid rent claimed by the Plaintiff, was not reported as a rehabilitation claim, and the above claim was forfeited according to the authorization decision of the rehabilitation plan against the Defendant, it is unlawful as there is no benefit of protecting the rights.

2. Determination

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim arising from a cause before the commencement of rehabilitation procedures for the debtor constitutes a rehabilitation claim (Article 118); any rehabilitation creditor who intends to participate in rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148); and any custodian shall prepare and submit a list of rehabilitation creditors to the court in addition to the report of the rehabilitation creditor (Article 147); and the claims of the rehabilitation creditor recorded in the list are deemed reported (Article 151); and when the rehabilitation plan is decided to authorize the rehabilitation plan, the debtor shall be exempted from liability for all rehabilitation claims except any right recognized under the rehabilitation plan or the Debtor Rehabilitation Act (Article 251). Accordingly, if the rehabilitation plan is authorized, the rehabilitation procedure shall be initiated.