1. Of the instant lawsuit, the part demanding KRW 23,539,100 and damages for delay shall be dismissed.

2. The defendant.

1. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act regarding the legitimacy of the part claiming KRW 23,539,100 among the instant lawsuit, 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, a claim is finalized according to the list of individual rehabilitation creditors; where confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry has the same effect as a final judgment on all of the individual rehabilitation creditors; and where a decision on discontinuation of individual rehabilitation procedures becomes final and conclusive, an individual

According to the above provisions, if the period for objection against the claims listed in the table of individual rehabilitation creditors exceeds the period for objection, a creditor shall be deemed to have the same effect as the final and conclusive judgment in favor of the debtor on the amount of the claim. regardless of whether to authorize the repayment plan, if the individual rehabilitation procedure continues, the individual rehabilitation creditor may be repaid according to the repayment plan authorized in the individual rehabilitation procedure, and even if the individual rehabilitation procedure is discontinued, compulsory execution may be effected according

Therefore, the creditor has no interest in filing a separate performance suit against the debtor for the same claim.

In this case, the fact that the Defendant filed an application for individual rehabilitation with Suwon District Court 2018 Da14275 and obtained the decision to commence individual rehabilitation on August 20, 2018, and the Defendant stated the Plaintiff’s claim in the list of individual rehabilitation creditors, and that this part of the claim became final and conclusive as stated in the list of individual rehabilitation creditors is significant in this court because the Plaintiff did not raise any objection by October 23, 2018, which is the objection period.

Therefore, the part of the Plaintiff’s claim for KRW 23,539,100 and damages for delay against the Defendant among the instant lawsuits is against the Defendant.