1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 9, 2008 and October 14, 2008, as indicated below, Lone Star Lease Co., Ltd. entered into a medical lease agreement and an installment financing agreement (hereinafter “instant contract”) with B, and at the time A jointly and severally guaranteed the debt owed to Lone Star Lease Co., Ltd. under the instant contract.

[ the] The contract term of the contract under the name of the contract (cost) contract shall be 23% per annum 6,196,3333,101,80 per annum 23% per annum on September 157, 2008. 5,250,250,000 17,482,50 per annum 23% per annum 148,712,000 24 months;

B. On February 3, 2009, the Plaintiff succeeded to the status of the obligee under the instant contract by mergers with Lone Star Lease Co., Ltd., and upon filing an application for rehabilitation with the Suwon District Court 2010dan61 on September 24, 2010, the Plaintiff, the primary debtor, lost the benefit of time under the instant contract.

C. On September 24, 2010, A filed an application for rehabilitation with the Suwon District Court 2010dan62, and received a decision to regard A as a custodian of rehabilitation procedures on November 2, 2010, and a decision to authorize a rehabilitation plan was made on July 18, 201, and is still ongoing rehabilitation procedures.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3 (including virtual numbers), Eul 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion A, as an obligor and custodian of the rehabilitation procedure, neglected to enter the Plaintiff’s joint and several liability claim under the instant contract in the rehabilitation procedure and notify the Plaintiff of the subsequent completion of the joint and several liability claim, etc., by intention or negligence, thereby incurring loss on the Plaintiff’s rehabilitation claim due to breach of the duty of due care

Therefore, Article 82 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “DR”) provides for a custodian’s liability for damages under Article 82 of the Debtor Rehabilitation and Bankruptcy Act and Article 179(1)5 of the Debtor Rehabilitation Act.