1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On December 29, 2015, the Defendant entered into a long-term siren contract with the Plaintiff on a monthly rental fee, 420,000 won, siren period of 48 months, and overdue interest rate of 24% per annum.

B. On September 9, 2016, the Defendant lost the benefit of time due to the delayed payment of rental fees.

C. On November 3, 2016, the Defendant applied for simplified rehabilitation as Seoul Central District Court 2016 Ma10068, and received a decision to grant authorization for the rehabilitation plan on June 25, 2017, respectively, and the said decision on January 17, 2013 became final and conclusive.

In the above rehabilitation procedure on November 22, 2016, the Plaintiff reported 22,123,656 won to the Defendant as a rehabilitation claim for the penalty due to the enforcement of the said siren contract against the Defendant. According to the Defendant’s final rehabilitation plan, the Plaintiff’s rehabilitation claim was confirmed as KRW 1,246,960 in the procedure, which was implemented within the investigation period according to the Defendant’s final

[Ground for Recognition: Facts without dispute, Gap 1 through 4, Eul 2 through 7, Eul 9, the purport of the whole pleadings]

2. The Plaintiff, as to the legitimacy of the instant lawsuit, seeks payment of penalty, etc. upon the termination of the said siren contract, against the Defendant. We examine the legality of the instant lawsuit ex officio.

Any property claim that accrues before the rehabilitation procedures commence for a debtor constitutes a rehabilitation claim (Article 118 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act; hereinafter “the Debtor Rehabilitation Act”); when a decision to authorize the rehabilitation plan is made, the rights of the rehabilitation creditor are altered according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation Act); when a decision to authorize the rehabilitation plan becomes final and conclusive, the entry in the table of rehabilitation creditors on the rights approved under the rehabilitation plan has the same effect as a final and conclusive judgment on the debtor rehabilitation creditor (Article 255(1) of the Debtor Rehabilitation Act); and, when a rehabilitation creditor is decided to discontinue the rehabilitation procedures,