1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The defendant is the representative director of C Co., Ltd. (hereinafter only referred to as “C”), who runs an advertising agency business, etc., and the following B:

In the rehabilitation procedure described in subsection C, C was appointed as a custodian.

B. C receives a decision on February 1, 2016 to commence rehabilitation procedures, and on July 22, 2016, the rehabilitation plan was approved and the rehabilitation procedures were completed on February 3, 2017, and the same month.

4. A final and conclusive.

(Seoul Rehabilitation Court 2016 Ma10007). [Grounds for Recognition] A, Gap evidence 1, 8, Eul evidence 1, a significant fact, the purport of the whole pleadings.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion intentionally omitted the Plaintiff’s retirement allowance claim and share transfer claim without fulfilling his/her duty of due care as a good manager in performing his/her duty to prepare and submit a list of rehabilitation creditors, thereby preventing the Plaintiff from receiving retirement allowances at all during the rehabilitation period, and forfeited his/her share transfer claim. As such, the Plaintiff’s claim against the Defendant for partial claim for compensation for damages, 50 million won and damages for delay.

B. In light of the purport of the system of the list of rehabilitation creditors under Article 147 of the Debtor Rehabilitation and Bankruptcy Act to prevent disadvantages arising from forfeited claims according to authorization of the rehabilitation plan by failing to report his/her claims on the grounds that a rehabilitation creditor was unaware of the rehabilitation procedure, the custodian is obligated to enter the same in the list of rehabilitation creditors unless there is an objective exceptional case where the absence of a rehabilitation claim is objectively evident.

However, in principle, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report the content and cause of the rehabilitation claim to the court within the reporting period (Article 148(1) of the Debtor Rehabilitation Act), but when he/she fails to report within the reporting period due to any cause not attributable to himself/herself, he/she may supplement the report within one month after such cause ceases.