1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s claim, on August 21, 2014, takes over KRW 378,00,000 from C Co., Ltd. (hereinafter “C”) to the Defendant, out of D-solar power plant supply and installation construction cost claims against C, and C notified the Defendant of the assignment of claims on August 22, 2014, the Defendant is obligated to pay KRW 378,000,000 to the Plaintiff.

2. Prior to the judgment on the plaintiff's claim for judgment as to the legitimacy of the lawsuit, we examine the legitimacy of the lawsuit of this case ex officio.

Comprehensively taking account of the provisions of Articles 148, 170 through 173, and 251, etc. of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any rehabilitation creditor intending to participate in rehabilitation procedures shall report rehabilitation claims, and if any objection is raised against any reported rehabilitation claims, a lawsuit for confirmation of rehabilitation claims shall be filed against the objectors; if such objection is raised, any unreported rehabilitation claims shall be forfeited at the time when a decision to authorize the rehabilitation plan is rendered; any forfeited rehabilitation claims shall not be reinstated even if the rehabilitation procedures are discontinued; and any forfeited rehabilitation claims shall not be reinstated even if they are discontinued; and any lawsuit seeking performance shall have no benefit of protecting the rights and interests of claiming the performance of claims by losing the ability and executory power of filing a lawsuit which is a kind of natural obligation

On July 5, 2017, the Defendant filed an application for rehabilitation with the Seoul Rehabilitation Court 2017 Ma10015 on the ground that the rehabilitation procedure commenced on August 23, 2017 and approved the rehabilitation plan on January 12, 2018, and the rehabilitation procedure was terminated on February 6, 2018, and the Plaintiff did not report that the Defendant had the claim for the amount of the transferred-in capital against the Defendant under the above rehabilitation procedure, there is no dispute between the parties. The claim for the amount of the transferred-in capital claimed by the Plaintiff constitutes the rehabilitation claim with the property claim arising from the cause that occurred before the rehabilitation procedure begins.

Thus, the defendant is exempted from liability with respect to the above amount of debt under Article 251 of the Debtor Rehabilitation Act, and the plaintiff is the defendant.