1. The instant lawsuit shall be dismissed.

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

1. The parties' assertion

A. As the instant lawsuit, the Plaintiff sought payment of the remainder of KRW 49,300,000, after deducting the total amount of KRW 58,700,000 that the Plaintiff loaned to the Defendant eight times from June 4, 2013, from the total amount of KRW 58,70,000, and interest pursuant to the interest limit rate prescribed by the Interest Limitation Act.

B. As to this, the Defendant recognized the Plaintiff’s claim in the individual rehabilitation procedure that was proceeded against the Defendant, and accordingly, the Plaintiff’s claim in this case was registered in the table of rehabilitation creditors, and thus, the Plaintiff’s lawsuit in this case is unlawful as there is no benefit of lawsuit.

2. Determination on this safety defense

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), when any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder or any equity right holder raises an objection on the inspection period or the special inspection date, the contents of the reported rehabilitation claims and rehabilitation security rights or rehabilitation security rights, if there is no objection thereto, the amount of the reported rehabilitation claims and rehabilitation security rights, which are entered in the list submitted by the custodian, are determined (Article 166 of the Act). When any confirmed rehabilitation claims and rehabilitation security rights are entered in the table of rehabilitation creditors and rehabilitation secured right, the entry into the list of rehabilitation creditors, any rehabilitation secured creditor, any shareholder, any equity right holder has the same effect as a final and conclusive judgment (Article 168 of the Act). In such a case, any rehabilitation creditor or any rehabilitation secured right holder may perform compulsory execution against the debtor according to the table of rehabilitation creditors or the table of rehabilitation secured creditors (Article 292(2) of the

B. In light of the aforementioned legal principles, comprehensively taking account of the entire purport of the arguments as to the instant evidence Nos. 3 and 4, the Seoul Central District Court No. 2014, May 13, 2015.