1. The instant lawsuit shall be dismissed.

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

Plaintiff’s assertion

The Plaintiff entered into an insurance contract for performance (sale) guarantee with the insured as F Co., Ltd. (hereinafter “E”), and the Defendant jointly and severally guaranteed the debt of E under the above insurance contract with G Co., Ltd.

On December 15, 2017, the Plaintiff paid 100,000,000 insurance money under the above guarantee insurance contract to FF Co., Ltd., and only part of them were claimed from E, and the Defendant, a joint guarantor, is obligated to pay the remainder of the amount of indemnity, etc. to the Plaintiff (i.e., the principal amount of KRW 47,453,268 won from December 16, 2017 to June 30, 2018) and delay damages thereon (hereinafter “the Plaintiff’s claim for indemnity”).

We examine the legitimacy of the instant lawsuit ex officio by determination as to the legitimacy of the instant lawsuit.

According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder, any equity right holder raises an objection on the inspection period or on the special inspection date, the details of the reported rehabilitation claims and rehabilitation security rights, etc. and the amount of voting rights are determined (Article 166 of the Debtor Rehabilitation Act). When any rehabilitation claim and any rehabilitation security right that are confirmed are entered in the table of rehabilitation creditors and rehabilitation secured creditors, the entry therein shall have the same effect as a final judgment for all rehabilitation creditors

(A) Article 168 of the Debtor Rehabilitation Act provides that “The same applies to cases where a decision to discontinue rehabilitation procedures is finalized prior to authorization of the rehabilitation plan (Article 292(1) of the Debtor Rehabilitation Act).” In such cases, rehabilitation creditors or rehabilitation secured creditors may enforce compulsory execution against the debtor based on the table of rehabilitation creditors or the table of rehabilitation secured creditors (Article 292(2) of the Debtor Rehabilitation Act). Therefore, a performance suit is