1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing electronic, electricity, and telecommunications equipment, and the Defendant is a company established for the purpose of wholesale and development of TV-related parts, wholesale and development of monitoring parts, etc.

B. The Plaintiff filed an application for commencement of rehabilitation procedures with Seoul Central District Court 2015 Ma10008, and the said court rendered a decision of commencement of rehabilitation procedures on January 22, 2015, and rendered a decision of completion of rehabilitation procedures on September 11, 2015, and made a decision of completion of rehabilitation procedures on June 30, 2016.

C. The Defendant reported the claim to the Plaintiff in the above rehabilitation procedure and recognized it as a rehabilitation creditor.

On October 26, 2018, the Defendant, based on the table of rehabilitation creditors of the above rehabilitation case (hereinafter “the table of rehabilitation creditors of this case”), received a seizure and collection order under the Daegu District Court Kimcheon-si 2018TTT 201 and 3593 as to the amount until it reaches KRW 177,810,255 out of the Plaintiff’s claims against C Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The Plaintiff’s summary of the Plaintiff’s assertion: (a) transferred USD 250,00 to the Defendant on June 16, 2014, USD 200,000 to the advance payment; and (b) on July 8, 2014, the Defendant did not receive goods from the Defendant; and (c) there was an advance return claim; and (b) on January 2, 2017, Co., Ltd. (hereinafter “D”) concluded a contract to acquire USD 246.5,65,30 against the Defendant and notified the Defendant of the acquisition of the claim that he/she had against the Defendant, and expressed his/her intention to offset the said claim by the amount equal to the Defendant’s rehabilitation claim; and (d) the Defendant’s rehabilitation claim terminated.

As such, a non-permission of compulsory execution based on the table of rehabilitation creditors of this case is sought.

3. Issues and determination of the instant case

A. The key issue of the instant case is ① advance payment against the Plaintiff, i.e., the Plaintiff’s automatic claim.