1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A limited liability company is KRW 19,872,643,409 and its importance.

On September 7, 2010, the Plaintiff, ex officio, as to the legitimacy of the lawsuit against Defendant B, lent KRW 21,50,000,00 to Defendant A limited liability company. Defendant B jointly and severally guaranteed the above obligation of Defendant A limited liability company. The Plaintiff acquired the above obligation from Defendant A limited liability company. The Defendants delayed the payment of interest on the above obligation on March 7, 2016 and lost the benefit of the due date. The above loan interest accrued as of March 21, 2016 (i.e., the principal amount of KRW 19,294,059,49,496 and damages for delay). Accordingly, Defendant B is jointly and severally and severally liable with Defendant A limited liability company to pay KRW 19,872,643,99,913 and damages for delay to Defendant B’s principal and interest on the foregoing loan amount to KRW 39,296,49,496 and damages for delay to Defendant B’s principal and interest on this case’s claim.

ex officio, this paper examines the legality of the instant lawsuit.

Facts of recognition

Defendant B filed a rehabilitation application with the Seoul Central District Court 2016dan10037, and was decided to commence rehabilitation proceedings on March 31, 2016.

On April 28, 2016, the Plaintiff reported rehabilitation security rights for the instant claim under the aforementioned rehabilitation procedure. On April 28, 2016, the Plaintiff stated the amount of the claim as KRW 19,792,123,562 [the principal = KRW 492,123,562 [the interest rate of KRW 19,30,000,000].

Defendant B, who was appointed as a trustee of the above rehabilitation procedures, had the following time-period: (a) KRW 2,799,436,295, out of the claims reported by the Plaintiff, was rehabilitation security rights; and (b) KRW 16,92,687,267 (i.e., KRW 19,792,123,562 - KRW 2,799,436,295) as rehabilitation claims; and (b) KRW 19,792,123,562 as stated in the table of rehabilitation creditors and the table of

On November 24, 2016, Defendant B obtained the rehabilitation plan approval order in the above rehabilitation procedure, which became final and conclusive around that time.

As to the plaintiff's claim of this case, the rehabilitation plan which becomes final and conclusive shall include ① rehabilitation security right 2,799,436,295 won.