1. The lawsuit of this case is dismissed by the exchange in this court.

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

1. Basic facts

A. On April 24, 2012 and September 7, 2012, the Defendant, the representative of the D Driving Schools, concluded a consulting agreement on the normalization of management with E Co., Ltd., the representative director of C (hereinafter “Nonindicted Company”) by setting the amount of KRW 100 million each, respectively.

In addition, on September 7, 2012, the defendant and the non-party company entered into a partnership agreement for the joint management of D Teaching Institutes.

B. On September 28, 2012, C entered into a contract between the Defendant and the Defendant for a loan of KRW 300 million at the interest rate of 10 million per annum (payment on September 27, 201), interest rate of 25% per annum for delay damages, and due date for repayment on September 28, 2013, and provided a loan to the Defendant with the loan borrowed in the name of the non-party company in order to raise the loan funds.

(hereinafter “instant loan claim”). C.

On September 25, 2013, the Defendant filed an application for rehabilitation with Suwon District Court 2013dan107 (hereinafter “instant rehabilitation procedure”). Under the rehabilitation procedure of this case, the Defendant reported the rehabilitation claim with the loan claim of KRW 280 million against the Defendant by Nonparty Company.

On July 14, 2014, the defendant obtained the approval for the rehabilitation plan on July 14, 201, and on November 20, 2014, the rehabilitation procedure of this case was completed.

C on November 25, 2017, transferred the instant loan claims to the Plaintiff, and notified the Defendant of the assignment of claims on December 8, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 1, 2, 6, 9, 64 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. The Defendant’s assertion that the loan claim of this case was invested in the Defendant, and the Defendant reported the above loan claim as rehabilitation claim of the Nonparty Company in the rehabilitation procedure of this case.

C does not report the instant loan claim as a rehabilitation claim in the rehabilitation procedure of this case, and thus, the debtor’s rehabilitation.