1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion E Co., Ltd. (hereinafter “E”) loans KRW 10,00,00 to C Co., Ltd. (hereinafter “C”) on August 10, 201 at 36 months of loans, annual interest rate of KRW 9%, and overdue interest rate of KRW 24% per annum, respectively. D and the Defendant jointly and severally guaranteed the Defendant’s obligation of the above loans. On July 7, 2017, E transferred the above loan claim to the Plaintiff and notified the Plaintiff of the said transfer under the authority to notify the said transfer. As of May 14, 2018, the remainder of the principal of the above loans as of May 14, 201 is KRW 5,056,98, interest and delay damages, the Defendant is obligated to pay the Plaintiff the principal and delay damages of KRW 50,502,73 won (=50,506,985,975,975,975,7575, etc.).

2. Where ex officio determination of the lawfulness of the instant lawsuit is made on the lawfulness of the instant lawsuit, and individual rehabilitation creditors are confirmed and recorded in the table of individual rehabilitation, entry in the table of individual rehabilitation has the same effect as the final and conclusive judgment; when a decision to discontinue individual rehabilitation procedures becomes final and conclusive, individual rehabilitation creditors may perform compulsory execution against the debtor according to the table of individual rehabilitation creditors; and it is not allowed to file a lawsuit for new performance on the basis of individual rehabilitation claims entered in the list of individual rehabilitation creditors

(See Supreme Court Decision 2013Da42878 Decided September 12, 2013, etc.). Comprehensively taking account of the overall purport of arguments in Evidence Nos. 13 and 14, the following facts: (i) the Defendant applied for commencement of individual rehabilitation procedures as of December 1, 2010 by the Daejeon District Court 201Da335094, and was decided to commence the individual rehabilitation procedure in the above court on February 18, 2011; (ii) the transfer of the instant loan claims confirmed as of the entry in the list of individual rehabilitation creditors in the above individual rehabilitation procedure; (iii) the Defendant was authorized to authorize the repayment plan in the above individual rehabilitation procedure on May 19, 201; and thereafter, (iv) the Defendant was decided to authorize the repayment plan in the subsequent individual rehabilitation procedure on January 16, 2014.