The Court shall dismiss the lawsuit of this case that has been changed interchangely in this Court.

All costs of the lawsuit shall be borne by the plaintiff.

Plaintiff’s assertion

On February 26, 2016, the Plaintiff: (a) obtained a seizure and order on the part of KRW 400,000,000 from among the leased bonds owned by C pursuant to a lease agreement entered into between B and Dong-gu, Nam-gu, Chungcheongnam-gu; and (b) on February 25, 2009, the Plaintiff sought confirmation of the rehabilitation claim against B, the administrator, with the content of the entire installment bonds of this case, as the amount of KRW 400,000,00 (hereinafter “former installment bonds of this case”); and (b) on the other hand, the rehabilitation proceeding against B was commenced; and (c) the rehabilitation proceeding against B is sought for confirmation of the rehabilitation claim of this case against the Defendant, who is the administrator.

According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), a custodian shall prepare and submit a list of creditors, etc. of rehabilitation prior to filing a report with the court (Article 147), and rehabilitation claims, etc. recorded in the list are deemed to have been reported pursuant to the Act (Article 151). Any rehabilitation creditor, etc. who intends to participate in the rehabilitation procedure, regardless of whether they are entered in the list, shall report their rehabilitation claims, etc. to the court within the reporting period set by the court (Article 148). When the approval of the rehabilitation plan is decided, the debtor shall be exempted from liability for all rehabilitation claims and security rights (Article 251). The exemption stipulated in Article 251 of the Debtor Rehabilitation Act refers to a kind of natural obligation in which the debtor is still unable to enforce the performance of judicial proceedings as it has no legal interest in the lawsuit (see Supreme Court Decision 201Da3122, Jul. 24, 2001).

The above legal principles.