1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff received the claim attachment and collection order issued by Suwon District Court 2016TTBE 2016TBE 18185 on the basis of the claim against the Supporting Schlage, and the Defendant, the garnishee, was served with the above claim attachment and collection order around October 26, 2016.

B. Meanwhile, the rehabilitation procedure commenced on January 26, 2017 against the Defendant (Seoul Central District Court 2017 Gohap10004), and the rehabilitation plan was approved on July 12, 2017, and the rehabilitation procedure was completed on August 25, 2017.

C. However, the Plaintiff did not report the collection amount claim asserted by the Plaintiff as a rehabilitation claim in the above rehabilitation procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. In the instant case where the Plaintiff seeks reimbursement against the Defendant, the Defendant asserts that the Plaintiff failed to report the said claim as a rehabilitation claim and forfeited.

B. Determination 1) A rehabilitation claim against a debtor arising before the commencement of rehabilitation procedures constitutes a rehabilitation claim (Article 118 of the Debtor Rehabilitation and Bankruptcy Act); as long as the cause for an occurrence of a claim is based on the cause prior to the commencement of rehabilitation procedures, its details are not specifically determined or the maturity comes after the commencement of rehabilitation procedures (see, e.g., Supreme Court Decisions 9Da55632, Mar. 10, 200; 201Da10938, Apr. 23, 2014); and a rehabilitation creditor cannot, in principle, receive reimbursement without following the rehabilitation plan after the commencement of rehabilitation procedures; any rehabilitation creditor who intends to participate in rehabilitation procedures shall report matters such as the content and cause of the rehabilitation claim within the reporting period (Article 148); and any right that fails to report is forfeited pursuant to the decision to grant authorization for the rehabilitation plan (Article 251 of the Debtor Rehabilitation and Bankruptcy Act; and any claim against the debtor may not be forced to perform such obligation.