1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff is a company that is engaged in the freight forwarding arrangement, intermediation, and vehicle management business, and C (hereinafter “Defendant company”) is a company that engages in household manufacturing and sales business.

B. On May 31, 2019, the Defendant Company filed an application for commencing rehabilitation procedures with Suwon District Court 2019 Ma138 (hereinafter “instant rehabilitation procedures”). On July 3, 2019, the said court rendered a decision to regard the Defendant, a representative director of the Defendant Company, as a custodian, while commencing the rehabilitation procedures.

C. In the instant rehabilitation procedure, on July 18, 2019, the Plaintiff reported as a rehabilitation claim the transportation charge claim amounting to KRW 72,075,00 for the Defendant Company (i.e., March 13, 2019, KRW 29,579,000 for April 29, 2019, KRW 28,60,000 for May 28, 2019; hereinafter “instant transportation charge claim”) and was recorded in the list of rehabilitation creditors, the content of which was determined according to the Defendant’s approval as it was as reported.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion falls under a public-interest claim under Article 179(1)8-2 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the Defendant is obligated to pay to the Plaintiff KRW 16,973,000 out of the instant transport charge claim, which was incurred from May 11, 2019 to May 31, 2019, within 20 days prior to the date of application for commencement of rehabilitation procedures, as KRW 16,973,00,00, which was incurred from May 31, 2019 to May 31, 2019.

B. According to the factual basis as seen earlier prior to the legitimacy of the lawsuit, the instant transport fee claim does not constitute a claim against the Defendant Company for the price for services provided by the Defendant Company, not for the goods provided by the Plaintiff, and Article 179 of the Debtor Rehabilitation Act.