1. Revocation of the first instance judgment.

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 April 2016, the Plaintiff entered into a contract with the Defendant to carry out waste transport, etc. using dump trucks at the Defendant’s waste disposal workplace and to receive the price from the 15th day of the following month. The Plaintiff was engaged in waste transport, etc. at the Defendant’s workplace from April 2016 to December 2016, but did not receive the price properly from the Defendant.

B. On November 16, 2016, the Defendant filed an application for rehabilitation with the Suwon District Court 2016hap5, and received the decision to commence rehabilitation procedures on December 29, 2016. Around January 2017, C who is appointed as the representative director of the Defendant submitted a list of rehabilitation creditors, etc. and reported rehabilitation claims, etc., and reported the Plaintiff’s rehabilitation claims amounting to KRW 185,525,989.

C. After that, the rehabilitation proposal prepared in the above rehabilitation procedure was rejected on June 22, 2018 as it failed to obtain consent at the meeting of interested persons for the resolution, and the rehabilitation procedure was revoked, and the custodian C’s appeal petition was dismissed, and the above abolition decision became final and conclusive as it is.

As the instant lawsuit, the Plaintiff sought reimbursement of KRW 185,525,989 and damages for delay.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Articles 286(1) and 292(1) and (2) of the Debtor Rehabilitation and Bankruptcy Act, where a rehabilitation plan is rejected, the court shall decide to discontinue the rehabilitation procedures ex officio. Where a decision to discontinue the rehabilitation procedures becomes final and conclusive and the debtor fails to raise an objection, the entry in the table of rehabilitation creditors, etc. concerning the final and conclusive rehabilitation claims, etc. in the table of rehabilitation creditors, etc. shall have the same effect as the final and conclusive judgment on the debtor, and rehabilitation creditors, etc. shall be excluded from the case where a bankruptcy is declared pursuant to Article 6