1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 6, 2017, the Defendant filed a lawsuit claiming a loan with the Jeonju District Court Decision 2017Da50972, and on November 8, 2017, the said court rendered a decision on performance recommendation (hereinafter “the instant decision on performance recommendation”) with the purport that “the Plaintiff shall pay to the Defendant 5.7 million won and the amount calculated at the rate of 15% per annum from the day following the delivery of a copy of the complaint to the day of full payment.” The instant decision on performance recommendation was finalized on November 24, 2017.

B. Meanwhile, on October 22, 2014, the Plaintiff filed an application for individual rehabilitation with the Jeonju District Court 2014Da24751, and received a decision to authorize the repayment plan on July 23, 2015, following the commencement of individual rehabilitation procedures.

C. At the time when the Plaintiff received a decision to authorize the repayment plan, the list of rehabilitation creditors (hereinafter “the list of creditors of this case”) stated “the name of creditors: the name of creditors: the content of the Defendant and the claim: KRW 5,532,400 based on the previous District Court Order 2014TTTT 10904; and the list 8 times is “the name of creditors: the content of the Defendant and the claim: KRW 13,50,000 based on the judgment of the Supreme Court Decision 2014Da115281.

【Ground of recognition】 without dispute over the facts, Gap’s evidence 1, 2, Gap’s evidence 5, Gap’s evidence 8, the purport of the whole pleadings

2. The parties' assertion

A. The decision to commence the individual rehabilitation procedure and the decision to authorize the repayment plan against the plaintiff was made, and the defendant's claims on the execution recommendation decision of this case against the plaintiff are repaid in installments according to the repayment plan with the same claims as claims No. 7 stated in the creditors' list of this case. Therefore, compulsory execution based on the defendant's decision on execution recommendation of this case shall be dismissed

B. The Defendant’s claim against the Plaintiff indicated at the seventh time in the Defendant’s list of creditors of this case is separate from the claim in the instant decision on performance recommendation.

3. Determination

A. The grounds for recognition as seen earlier and the statements set forth in Gap evidence 6 and 7.