1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

1. Basic facts

A. On August 13, 2014, the Plaintiff: (a) determined and lent KRW 6,000,000 to the Defendant as interest rate of KRW 34.9% per annum; and (b) August 13, 2018 on the expiration date of the contract.

(hereinafter referred to as the "loan of this case")

As of October 26, 2015, the unpaid principal and interest of the instant loans as of October 26, 2015 are KRW 5,496,86,86, in total, KRW 5,156,674, interest 340,212.

C. Meanwhile, on October 21, 2015, the Defendant filed an application for individual rehabilitation with the Seoul Central District Court 2015 Ma162946, and the individual rehabilitation procedure was in progress. In the aforementioned rehabilitation procedure, the Plaintiff reported the instant loan claims as individual rehabilitation claims. Accordingly, the instant loan claims were finalized in the list of individual rehabilitation creditors, as they were stated in the list of individual rehabilitation creditors, and the decision was rendered to authorize the repayment plan on May 19, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. Ex officio determination on the legitimacy of a lawsuit

A. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period, or where such application is rejected, a claim is confirmed in accordance with the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors, and therefore, there is no benefit in a lawsuit to

b.

In light of the above legal principles, the instant loan claim was reported as individual rehabilitation claim and confirmed as it is in the list of individual rehabilitation creditors, and the fact that there was a decision to authorize the repayment plan in the above individual rehabilitation procedure is as seen earlier. Accordingly, the Plaintiff’s lawsuit on the instant loan claim becomes final and conclusive.