The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

The total costs of litigation shall be borne individually by each party.

purport, purport, and.

1. The parties' assertion

A. On July 10, 2013, the Plaintiff asserted that: (a) on July 10, 2013, the Plaintiff leased KRW 20 million to the Defendant with the due date set on July 20, 2013; and (b) accordingly, (c) filed a claim against the Defendant for payment of the said KRW 20 million and damages for delay.

B. Defendant’s assertion 1) Since the Plaintiff was aware that the rehabilitation case against the Defendant was in progress, but did not participate in the rehabilitation procedure, the Plaintiff did not have practical benefit in filing the instant lawsuit against the Defendant. 2) Since the obligor of the said loan claimed by the Plaintiff is a non-defendant corporation other than the Defendant, the Plaintiff’s claim cannot be satisfied.

2. Whether the lawsuit of this case is lawful

A. Legal doctrine 1) In order to prevent rehabilitation creditors from suffering disadvantages arising from forfeited rights under authorization of the rehabilitation plan by failing to report their own claims on the grounds that rehabilitation creditors were unaware of the rehabilitation procedure, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

(2) In light of the purport of the rehabilitation creditor list system under Article 147, a custodian is obligated to record the non-existence of a rehabilitation claim on the list of rehabilitation creditors, unless it is objectively evident exceptional cases. However, in principle, any rehabilitation creditor who intends to participate in the rehabilitation procedure 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). However, when a rehabilitation creditor 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 (Article 152(1) of the Debtor Rehabilitation Act). In the rehabilitation procedure, a rehabilitation creditor fails to know of the rehabilitation procedure due to his/her failure to obtain individual notice of the commencement of the rehabilitation procedure and the reporting period of the rehabilitation claim, etc., and thus, the custodian fails to report