1. The Defendant’s KRW 180,500,000 for the Plaintiff and KRW 5% per annum from October 1, 2012 to June 15, 2017.

Basic Facts

On October 13, 2011, the Defendant filed an application for individual rehabilitation with Busan District Court 201Da37040, and was ordered to commence individual rehabilitation on March 29, 2012.

A defendant has prepared a list of individual rehabilitation creditors, and the list is not indicated as a creditor by either the plaintiff or C.

The repayment plan of the defendant was approved on September 7, 2012.

[Ground of recognition] A without any dispute, Eul's statement in Eul evidence 1, and the plaintiff's assertion of the purport of the whole pleadings as to December 5, 2009, the plaintiff lent 100 million won to D on October 12, 2010, each due date for payment was as of September 30, 2012, and the defendant jointly and severally guaranteed each of the above obligations of D.

Therefore, since the plaintiff has a claim of KRW 300 million against the defendant (hereinafter "claim of this case"), the defendant is obligated to pay the above amount and delay damages to the plaintiff.

The Defendant’s assertion to the purport of the judgment on the defense of this case is that the instant claim occurred before the commencement of rehabilitation procedures against the Defendant, and constitutes a rehabilitation claim. As such, the instant claim is omitted in the rehabilitation plan and thus, it is impossible to enforce enforcement by being forfeited pursuant to Article 251 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

Therefore, the instant lawsuit is unlawful because there is no benefit in protecting the rights.

Judgment

Unlike the Defendant’s assertion, when it is decided to authorize the rehabilitation plan in cases of general rehabilitation, the Debtor Rehabilitation Act provides that the debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights except for the rights recognized under the rehabilitation plan or the Debtor Rehabilitation Act.

(2) Article 251 of the Debtor Rehabilitation Act provides that in the case of individual rehabilitation, even if immunity is granted, any liability shall not be exempted with respect to any claim that has not been entered in the list of individual rehabilitation creditors (Article 625(2) proviso 1), and any case in which a decision to commence individual rehabilitation procedures has been rendered.