1. The instant lawsuit shall be dismissed.

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

1. Whether the lawsuit of this case is legitimate

A. A. Around August 2012, the Defendant, which caused the Plaintiff’s claim, was liable to the Plaintiff for a total of KRW 29,700,000,000, including the construction cost, including the interior medicine, etc.; however, on March 4, 2013, the Defendant agreed to pay KRW 3,300,000 each month for each 15th day, and thereafter, on October 2, 2013, the Defendant agreed to pay KRW 29,700,000 to the Defendant for the delayed payment of KRW 29,70,000 each year if the Defendant did not pay the Defendant by December 2, 2013, regardless of the part applied for statutory management. As such, the Defendant is obligated to pay the Plaintiff the amount stated in the claim.

B. According to Articles 251 and 255 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to authorize a rehabilitation plan is made, the debtor is exempted from liability for rehabilitation claims and rehabilitation security rights except for any right recognized pursuant to the provisions of this Act, and the debtor has the same effect as a final and conclusive judgment on the debtor at the time the decision to authorize a rehabilitation plan becomes final and conclusive. Where the rehabilitation procedures continue, the claims entered in the table of rehabilitation creditors are to be reimbursed according to the procedures, and even if the rehabilitation procedures are discontinued, compulsory execution may be conducted according to the table of rehabilitation creditors.

Considering this point, it is not the benefit of the lawsuit to seek the performance of the claims specified in the Table of Rehabilitation Creditors as rehabilitation claims.

According to the overall purport of the statements and arguments in the evidence Nos. 1 through 4, the defendant applied for rehabilitation on September 27, 2013 by Seoul Central District Court 2013dan219, and received the decision to authorize the rehabilitation plan on May 19, 2014. It can be recognized that the above claim the plaintiff sought against the defendant is included in the rehabilitation creditor list and the list of rehabilitation creditors of the above rehabilitation procedure.