1. The plaintiff's action against the defendant medical corporation B shall be dismissed;

2. Defendant C shall be the scope of the property inherited from D.

1. Facts of recognition;

A. On July 5, 2012, the Plaintiff lent KRW 30 million to Defendant medical corporation B, and D jointly and severally guaranteed the above loan obligation.

B. On June 25, 2012, Defendant B filed an application for rehabilitation with Busan District Court 2012 Gohap14, and received a decision to commence rehabilitation proceedings from the above court on November 28, 2012, and obtained the authorization to commence rehabilitation proceedings on November 13, 2013, and completed rehabilitation proceedings on August 24, 2015.

In the above rehabilitation procedure, the Plaintiff did not report the loan claim stated in the above paragraph (a) as a rehabilitation claim, and the above claim was not entered in the list of rehabilitation creditors.

C. On January 7, 2016, D died, and there was E and Defendant C as his heir, but E filed a declaration of renunciation of inheritance on February 26, 2016, upon receipt of the said declaration on March 18, 2016, upon receipt of the said declaration, on March 18, 2016. Defendant C filed a declaration of qualified acceptance with the Busan Family Court 2016Ra659 on February 26, 2016, and received the said declaration on March 18, 2016.

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

2. Whether the plaintiff's lawsuit against the defendant medical corporation B is legitimate

A. The Plaintiff’s assertion of the parties sought payment of the above loans of KRW 30 million and damages for delay from the Defendant medical corporation B.

In this regard, the defendant medical corporation asserts that the above loan obligation was exempted in accordance with the rehabilitation plan approval for the defendant medical corporation B.

B. 1) Determination is based on the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

According to Article 251, the debtor is exempted from liability for all rehabilitation claims and rehabilitation security rights except for the rights recognized under the Debtor Rehabilitation Act and the rehabilitation plan.

Defendant B received a decision of commencement of rehabilitation procedures on November 28, 2012, and obtained a rehabilitation plan approval on November 13, 2013, and the Plaintiff’s loan claims under the above rehabilitation procedure.