1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On July 21, 2008, the Plaintiff filed the instant lawsuit seeking payment of KRW 100 million against the rehabilitation debtor, on December 2, 2013, on the ground that C bears the obligation of KRW 100 million against the Gyeyang, and that the rehabilitation debtor B (hereinafter “Rehabilitation debtor”) jointly and severally guaranteed the said obligation on or around July 21, 2008, and that E acquired it from E in sequence, the Plaintiff acquired it from E.

B. On November 6, 2013, the rehabilitation debtor filed an application for commencement of rehabilitation procedures (hereinafter “instant rehabilitation procedures”) with the Seoul Central District Court 2013dan249, and was decided on December 9, 2013 by the above court that the rehabilitation debtor shall not appoint a custodian for the rehabilitation debtor, along with the order to commence rehabilitation procedures, and the rehabilitation debtor shall be deemed a custodian.

C. Meanwhile, the duplicate of the instant complaint was served on the debtor for rehabilitation on December 11, 2013. On February 17, 2014, the Plaintiff filed an application to resume the litigation procedure with the defendant as a lawsuit receiver.

[Reasons for Recognition] No. 8, Entry of Gap's evidence, the purport of the whole pleadings without dispute or obvious facts in records

2. The instant lawsuit is unlawful, since the Plaintiff did not file an application for the final claim inspection judgment with the court within one month from the last day of the inspection period of the rehabilitation procedure.

Judgment

Any rehabilitation creditor who intends to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") shall report rehabilitation claims (Article 148(1) of the Act), and when any objection is raised against any reported rehabilitation claims, he/she may file an application with the court for the final claim inspection judgment (Article 170(1) of the Act), with all objectors as other parties, for the final claim inspection judgment (Article 170(1) of the Act), the said application shall be filed within one month from the last day of the inspection period or from the special inspection date (Article 170(2) of the Act), and anyone who is dissatisfied with such judgment shall file a lawsuit of objection against the final claim inspection judgment within one