1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 30, 2015, the Defendant agreed to pay KRW 62,527,00 to the Plaintiff by June 30, 2016.

(hereinafter referred to as "the claim of the Plaintiff's above agreed amount against the Defendant". B.

On March 14, 2018, the defendant filed an application for commencing rehabilitation procedures with Suwon District Court (2018dan1006) on April 25, 2018, and received a decision to commence rehabilitation procedures on April 10, 2018, the rehabilitation decision was issued on February 11, 2019, and the rehabilitation decision was issued on April 17, 2019.

In the above rehabilitation procedure, the defendant's custodian of the rehabilitation debtor performed the above rehabilitation procedure as the defendant's custodian.

The plaintiff did not enter the claim of this case in the list of rehabilitation creditors, and the plaintiff did not report it to the above rehabilitation court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The relevant regulations and legal principles stipulate the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) as follows.

Any property claim that accrues before the rehabilitation procedures commence for the debtor shall be the rehabilitation claim.

(Article 118 Subparag. 1). Before filing a report on rehabilitation creditors and rehabilitation secured creditors, any custodian of the rehabilitation creditors shall prepare a list of rehabilitation creditors, the list of rehabilitation secured creditors and the list of shareholders and equity right holders (hereinafter collectively referred to as “list”), and submit it to the rehabilitation court (Articles 147(1) and 50(1)1 and 2), and the rehabilitation claims, rehabilitation security rights and equity shares recorded in the list shall be deemed to have been reported (Article 151). Any rehabilitation creditor who intends to participate in the rehabilitation procedures shall report his/her rehabilitation claim to the rehabilitation court within the reporting period set by the rehabilitation court (Article 148), and when the rehabilitation plan has been approved, the debtor shall be entitled to all rehabilitation claims and rehabilitation security rights except for the rights recognized under the provisions of the