1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On February 25, 2002, the Defendant entered into a loan and credit card transaction agreement with Hyundai Capital Co., Ltd. (hereinafter “Nonindicted Company”) and received monetary loans by purchasing or using credit cards.

B. The commencement and discontinuation of individual rehabilitation procedures (1) the defendant filed an application for individual rehabilitation with the Seoul Central District Court 2005da16891 on April 6, 2005, and the non-party company above.

The list of creditors, stating the claims described in the subsection, was attached.

(2) On May 4, 2005, the above court decided to commence individual rehabilitation procedures for the defendant, and confirmed that no objection is raised against the above claim and entered in the list of individual rehabilitation creditors.

(3) On July 25, 2005, the above court decided to authorize the draft repayment plan submitted by the Defendant. However, the above individual rehabilitation plan was abolished and finalized on August 23, 2013 due to the failure of repayment according to the above authorized repayment plan.

C. (1) On April 29, 2015, the non-party company transferred its claims to the Plaintiff and notified the Defendant of the transfer of the said claims on or around June 10, 2015.

(2) As of May 29, 2016, the balance of the above credit as of May 29, 2016 is the total of KRW 9,583,538, including the principal and KRW 2,286,425, interest and KRW 7,297,538.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, significant facts in this court, the purport of the whole pleadings

2. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act regarding the legality of the instant lawsuit, if individual rehabilitation claims confirmed in the individual rehabilitation procedure are entered in the table of individual rehabilitation creditors, it is effective as a final judgment if it is entered in the table of individual rehabilitation creditors, and individual rehabilitation creditors may perform compulsory execution against the debtor based on the table of individual rehabilitation creditors when a decision to discontinue

Therefore, it is new after the decision to commence individual rehabilitation procedures has been rendered.