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

Any rehabilitation creditor who intends to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") shall report rehabilitation claims (Article 148 (1) of the Act); when an objection is raised against any reported rehabilitation claims, all objectors may file an application with the court for the final claim inspection judgment (Article 170 (1) of the Act) with all objectors as other parties (Article 170 (1) of the Act); and anyone who is dissatisfied with such judgment may file an objection against the final claim inspection judgment

(Article 171 (1) of the Act: Provided, That where any lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and when any objection is raised to the reported rehabilitation claims, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(1) Article 172(1) of the Act provides that “Where a rehabilitation creditor files a lawsuit seeking the performance of a rehabilitation claim against an objector of the rehabilitation claim after the rehabilitation procedures commence, or where a rehabilitation creditor, who is not pending in a lawsuit on the rehabilitation claim at the time the rehabilitation procedures commence, files a lawsuit seeking the confirmation of the rehabilitation claim in lieu of going through the procedures provided for in Articles 170

(See Supreme Court Decision 201Da10310 Decided May 26, 201, and Supreme Court Decision 2016Da221887 Decided June 29, 2017, etc.) In light of the aforementioned legal doctrine, inasmuch as the Plaintiff is a rehabilitation creditor who has not pending a lawsuit on rehabilitation claims at the time of the commencement of rehabilitation procedures (Seoul Rehabilitation Court 2018Nohap10043), filing the instant lawsuit seeking confirmation of the claim without dispute over the existence or scope of the claim by filing an application for a judgment in claim allowance proceedings, it would be deemed unlawful.

Therefore, the plaintiff's lawsuit of this case is unlawful and dismissed.