1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 29, 2012, the Defendant issued promissory notes with the face value of 40,128,413 won, the payee Samsung Cable Sales Co., Ltd., the due date, and the due date of payment, as of March 31, 2013.

Samsung Cable Sales delivered the said promissory note to the Plaintiff for the payment of the goods price, and the Plaintiff endorsed it to Aion Cable Co., Ltd.

B. On December 26, 2012, the Defendant was decided to commence rehabilitation procedures as Seoul Central District Court 2012 Ma234, which was decided to commence rehabilitation procedures on June 11, 2013, and to terminate rehabilitation procedures on September 23, 2013.

C. Aion cable had presented the payment of the said promissory note at the due date, but was rejected on the ground of legal restriction on payment, and the Plaintiff recovered the said promissory note from the Aion Cable.

According to the above rehabilitation procedure, Samsung Cable Sales, an addressee of the above promissory note, reported the above promissory note gold claim as a rehabilitation claim, but was denied due to the non-holding of the original promissory note, and the Seoul Central District Court rendered a decision to confirm the absence of the above promissory note claim on the same ground as December 3, 2014 in the rehabilitation claim allowance proceedings.

[Ground for Recognition] A: Facts without dispute, entry of Gap 1, purport of whole pleadings

2. The assertion and judgment

(a) When it is decided to authorize the rehabilitation plan for the claim for promissory notes, the debtor shall be exempted from the liability for all rehabilitation claims and rehabilitation security rights except for the rights recognized by the rehabilitation plan or the Act;

(A) Article 251 of the Debtor Rehabilitation and Bankruptcy Act (Article 251 of the Debtor Rehabilitation and Bankruptcy Act). In this case, the Plaintiff’s claim for a promissory note was not recognized by the rehabilitation plan, and on the other hand, Samsung Cable Sales, the addressee of the said promissory note, reported it as a rehabilitation claim and proceeded with the rehabilitation claim inspection procedure. The Plaintiff recovered a promissory note, the payment of which has been refused due to