2. The costs of lawsuit shall be borne by each person;

A. Based on each credit guarantee certificate issued by the Plaintiff, the Defendant was unable to repay the principal and interest of the loan amounting to KRW 30 million from a new bank (hereinafter “new bank”) twice after receiving a loan from the new bank (hereinafter “new bank”), and the Plaintiff subrogated for KRW 26,902,139 in total to the new bank on September 7, 2016.

B. The Defendant filed an individual rehabilitation application with Suwon District Court No. 2016 installments83857, and either the Defendant filed an individual rehabilitation application.

The plaintiff's claim for indemnity following subrogation was entered in the list of individual rehabilitation creditors, and on March 23, 2017, a decision to authorize the repayment plan was made, and the same year.

4. 8. Finality was established.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6 (including each number), Eul evidence 1 to 7, the purport of the whole pleadings

2. ex officio determination as to the legitimacy of the instant lawsuit, and the Plaintiff’s aforementioned 1. A against the Defendant.

We examine the legitimacy of the lawsuit of this case seeking the payment of indemnity due to the payment by subrogation of this case.

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 a final judgment on an individual rehabilitation claim within the objection period, or such application is rejected, a claim is confirmed according to 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. Accordingly, there is no benefit in filing a lawsuit for performance

B. In the instant case, the Plaintiff’s claim for indemnity is reported as individual rehabilitation claims and confirmed as 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, and thus, the instant lawsuit becomes final and conclusive.