1. The instant lawsuit shall be dismissed.

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

1. On March 25, 2019, when the lawsuit of this case was pending against the Defendant, the rehabilitation procedure was commenced on April 25, 2019, when the rehabilitation plan was approved on November 13, 2019, and the procedure was completed on December 11, 2019, when the rehabilitation plan was concluded on December 11, 2019.

However, the plaintiff did not enter the plaintiff's claim in the list of creditors of the above procedure, and even though the lawsuit of this case was suspended due to the above procedure, the plaintiff did not report the claim of this case as a rehabilitation claim in the above procedure.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 14 and 15, purport of the whole pleadings

2. Judgment on the Defendant’s defense prior to the merits

A. The Defendant’s instant claim in this case, which was claimed by the Plaintiff prior to the merits of the instant lawsuit, was not indicated in the list of creditors during the instant rehabilitation procedure, and as the rehabilitation plan is authorized, and thus, the instant claim is unlawful, since it was exempted from liability for the instant claim.

B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”)

According to the above, a custodian shall prepare and submit a list of rehabilitation creditors prior to filing a report with the court (Article 147); rehabilitation creditors, etc. entered in the list are deemed to have been reported pursuant to the provisions of the Act (Article 151); and rehabilitation creditors, etc. intending to participate in rehabilitation procedures regardless of whether entered in the list are entered in the list, who intend to participate in rehabilitation procedures, refer to their rehabilitation claims (a property claim, etc.

Article 118) A report shall be filed (Article 118) and if a report is not filed within the reporting period due to any cause not imputable to it, it shall be filed within one month after such cause ceases to exist.