1. Revocation of a judgment of the first instance;

2. The Defendant’s notary public against the Plaintiff is a deed drawn up on June 29, 2015.

1. The following facts do not conflict between the Parties:

On June 29, 2015, the Plaintiff jointly and severally borrowed KRW 70,597,000 from the Defendant, and on the same day, a notary public drafted a money loan loan contract notarial deed (hereinafter “notarial deed of this case”) with No. 310, 2015 on the same day.

B. On the other hand, on July 15, 2016, the Plaintiff filed an application for commencement of rehabilitation proceedings with Suwon District Court 2016dan10025 on the following grounds: (a) decided to commence rehabilitation proceedings on August 11, 2016; and (b) decided to grant authorization of the rehabilitation plan on April 17, 2017.

However, the list of creditors submitted by the Plaintiff at the time of the application for the commencement of rehabilitation was not indicated in the certificate of this case, and was not reported as rehabilitation claims within the reporting period.

2. Determination as to the cause of action

A. The relevant legal principles and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that a debtor shall either claim on any property arising before the commencement of rehabilitation procedures and a property claim arising after the commencement of rehabilitation procedures provided for in the Debtor Rehabilitation Act (Article 118 of the Debtor Rehabilitation Act); when a court decides to commence rehabilitation procedures, it shall, without delay, publish the order, etc. of the decision to commence rehabilitation procedures and deliver to the rehabilitation creditors, etc. known (Article 51 of the Debtor Rehabilitation Act); and require the custodian to prepare and submit to the court the list of rehabilitation creditors, etc. prior to reporting to the rehabilitation creditors, etc. (Article 147 of the Debtor Rehabilitation Act); on the other hand, rehabilitation creditors, etc. wishing to participate in rehabilitation procedures, regardless of whether entered in the list, shall report their rehabilitation claims to the court within the reporting period set by the court (Article 148 of the Debtor Rehabilitation Act); and rehabilitation creditors, etc.