1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On October 8, 2014, the Plaintiff, an employee of the Defendant, suffered injury, such as “the cases in which the metal scrap in a luminous light was protruding from the left eye,” while working for the manufacture of automobile parts at the Defendant’s place of business.

(hereinafter “instant accident”). (b)

The Plaintiff received disability benefits, etc. from the Korea Workers' Compensation and Welfare Service recognized the instant accident as an occupational accident pursuant to the Industrial Accident Compensation Insurance Act.

C. On July 7, 2016, the Defendant received a decision on commencing rehabilitation procedures.

(2) On July 13, 2016, the Plaintiff filed the instant lawsuit, and reported the Defendant’s right to claim damages (hereinafter “instant right to claim damages”) under the Civil Act as a rehabilitation claim in the rehabilitation procedure. The Defendant’s custodian B (hereinafter “manager”) raised an objection thereto.

The defendant received the rehabilitation plan approval decision on March 20, 2017 and the decision on April 28, 2017, respectively.

[Reasons for Recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1 to 3 evidence, the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. Any rehabilitation creditor who intends to participate in rehabilitation procedures provided for in the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) shall file a report on rehabilitation claims (Article 148(1) of the Debtor Rehabilitation Act); when any objection is raised against any reported rehabilitation claim, any rehabilitation creditor may file an application with the court for the final claim inspection judgment with all of the objectors as other parties within one month from the last day of the inspection period or from the special inspection date (Article 170(1) and (2) of the Debtor Rehabilitation Act); and any person dissatisfied with such judgment may file a lawsuit of objection within one month from the date on which he/she is served with the written decision.

(Article 171(1) of the Debtor Rehabilitation Act: Provided, That when a lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, rehabilitation creditors shall be included.