The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 12, 2019, the Plaintiff filed an application for a payment order seeking payment of KRW 11,160,000 for waste disposal amount to C from July 13, 2018 to the service date of the instant payment order from July 13, 2018, and KRW 15% per annum from the next day to the date of full payment.

On February 25, 2019, C has raised an objection against the payment order, and accordingly, C has been implemented as the instant lawsuit.

B. On August 1, 2019, C filed an application for simplified rehabilitation procedures with the Seoul Rehabilitation Court 2019 Gohap10063, which was decided to commence simplified rehabilitation procedures on August 19, 2019, and D, the representative of C, without appointing a manager separately, deemed D as a legal custodian.

The reporting period of rehabilitation claims at the time of the decision to commence the simplified rehabilitation procedure was from September 3, 2019 to September 16, 2019, and the rehabilitation claim inspection period was designated from September 17, 2019 to September 30, 2019.

C. The Defendant submitted to the rehabilitation court a list of creditors, including the claim for waste disposal proceeds (hereinafter “the claim in this case”) asserted by the Plaintiff in the instant lawsuit. On September 30, 2019, which is the end of the inspection period of rehabilitation claims stipulated in the decision on commencement of rehabilitation procedures, the Defendant submitted a list of creditors to the rehabilitation court.

On October 25, 2019, the Plaintiff reported the instant claim to the rehabilitation court as a rehabilitation claim, and the Defendant raised an objection to the Plaintiff’s claim on January 14, 2020 on the special date for the inspection of the claim.

On January 14, 2020, the rehabilitation court decided to authorize the rehabilitation plan to the defendant.

On May 8, 2020, the Plaintiff submitted to the Defendant an application for modification of the purport and cause of the claim seeking confirmation of KRW 11,160,000 for rehabilitation claims. On August 10, 2020, the Plaintiff submitted an application for resumption of the lawsuit against the Defendant.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap 2, 3, 5 evidence, Eul 1-4 evidence, the purport of the whole pleadings

2. The defendant's defense on the main safety.