1. The plaintiff's lawsuit against the administrator A of DS tower, a defendant rehabilitation corporation, shall be dismissed;

2. The defendant B.

1. Determination as to the plaintiff's claim against the defendant administrator

A. On January 21, 2015, the rehabilitation procedure commenced on January 21, 2015 with the Changwon District Court 2014hap1104, and the fact that the Defendant was appointed as the administrator is no dispute between the parties.

B. The Plaintiff asserted that the Plaintiff guaranteed KRW 42,50,000 out of the above loan obligations of DS tower, when DS tower borrowed KRW 50,000,000 from the Bank of South Korea on August 9, 2012, the Plaintiff asserted that the Plaintiff subrogated for the principal and interest amount of KRW 43,774,778 of DS tower on November 26, 2014 due to the occurrence of a guarantee accident, and that the Defendant administrator claimed payment of the same amount against the Defendant administrator.

C. Examining the determination on the legitimacy of the lawsuit under this part, rehabilitation creditors who intend to participate in the rehabilitation procedure under the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claim (Article 148(1)). If there is no objection against the reported rehabilitation claim, the claim shall be confirmed as reported (Article 166 Subparag. 1). If the confirmed rehabilitation claim is entered in the table of rehabilitation creditors, it shall have the same effect as the final and conclusive judgment (Article 168). As such, the lawsuit on the rehabilitation claim that has been pending is illegal because there is no benefit of lawsuit (see Supreme Court Decision 2013Da17971, Jun. 26, 2014). In this case, health class, the Plaintiff reported the above indemnity claim asserted by the Plaintiff as the rehabilitation claim in the rehabilitation procedure against D. E.S., and the fact that the claim was confirmed as reported and recorded in the table of rehabilitation creditors, or that it is unlawful in view of the overall purport of pleadings, as there is no dispute between the parties.

2. Determination as to the plaintiff's claim against the defendant B

(a) Indication of the cause of claim: It is as shown in the attached Form;

(b) Judgment on deemed confession: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

3. Conclusion.