1. The instant lawsuit shall be dismissed.

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

Basic Facts

The establishment of the Defendant’s debt - The Plaintiff loaned the Defendant Company B (hereinafter “Defendant Company”) KRW 15,70,000 on May 26, 2016, and the amount of KRW 22,90,000 on July 13, 2016 to the Defendant Company B (hereinafter “Defendant Company”), respectively, on condition that installment payments shall be made in 60 months, and the overdue interest rate shall be 25% per annum, and C guaranteed the Defendant Company’s debt to the Plaintiff.

- As of July 26, 2018, Defendant Company lost its interest due to delay in paying the agreed principal and interest of loans from September 2017. As of July 26, 2018, Defendant Company’s principal and interest of loans to Plaintiff under each of the above loan agreements are KRW 32,890,190, and among them, the principal and interest of loans are KRW 30,529,370.

On September 29, 2017, the Defendant Company filed an application for commencement of rehabilitation proceedings with Seoul Rehabilitation Court No. 2017 Ma10092.

- The Seoul Rehabilitation Court rendered a decision to commence rehabilitation procedures on October 25, 2017 to the defendant company, the decision to authorize rehabilitation plans on February 20, 2018, and the decision to terminate rehabilitation procedures on May 4, 2018.

C applied for the commencement of rehabilitation proceedings on November 14, 2017 as Seoul Rehabilitation Court 2017dan100155.

- Seoul Rehabilitation Court decided to commence rehabilitation proceedings on December 11, 2017 with respect to C, and on July 27, 2018 with respect to authorization of rehabilitation plan.

[Ground] According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), each entry of Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings, according to the legal principles related to the effect of the rehabilitation plan approval plan according to the entry of rehabilitation creditors, etc. in the list of rehabilitation creditors, etc. as to the lawfulness of lawsuits against the defendant, the right to property arising before the commencement of rehabilitation procedures falls under the rehabilitation claim (Article 118), and any rehabilitation creditor 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); and