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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
We examine the defendant's main defense of safety.
The plaintiff loaned 20 million won to the defendant on December 14, 2006, 120 million won, 15,000,000 won on March 21, 2007, and 20,000 won on February 20, 2008, and 8,000,0000 won on February 29, 2008, and 22,00,000,000 won on March 20, 208 from each of the above loans received reimbursement from the defendant. The plaintiff filed a lawsuit in this case against the defendant as a result of the lawsuit in this case, the plaintiff claimed that the defendant paid 167,00,000,000 won after deducting 222,00,000 won on each of the above loans from 167,00,000,000 won and damages for delay.
According to the Debtor Rehabilitation and Bankruptcy Act, any custodian appointed according to the decision to commence rehabilitation procedures shall prepare and submit a list of rehabilitation creditors, etc. to the court prior to reporting by rehabilitation creditors, etc. (Article 147(1)); and any rehabilitation creditor, etc. recorded in the list shall be deemed reported pursuant to the provisions of the Act (Article 151); and any rehabilitation creditor, etc. who intends to participate in rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148(1)); if any rehabilitation creditor, etc. fails to report within the reporting period due to any cause not attributable to the court (Article 152), such report may be supplemented within one month after such cause not attributable to the court (Article 152); when the rehabilitation plan is approved, a debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251), except for the rights recognized by the rehabilitation plan or this Act if the rehabilitation plan is approved, regardless of whether the rehabilitation claim or the list of creditors is reported (Article 251).
In addition, the exemption under Article 251 of the Debtor Rehabilitation Act is practically extinguished.