The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

ex officio, we examine the legitimacy of the instant lawsuit.

In full view of the facts and the purport of the entire arguments in this court, the Defendant applied for the commencement of rehabilitation proceedings on December 19, 2019 by the Changwon District Court 20081, which was decided to commence rehabilitation proceedings on April 7, 2020. In the above rehabilitation procedure, the Plaintiff’s claim for the payment of the goods claimed by the Plaintiff in this case was issued at the time, and the fact that the rehabilitation plan became final and conclusive after the authorization of January 18, 2021 is recognized.

According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), when a decision to authorize a rehabilitation plan is made, the rights of creditors, etc. are altered according to the rehabilitation plan (Article 252(1)), and the debtor, except for the rights recognized pursuant to the rehabilitation plan or the Debtor Rehabilitation Act, is exempted from liability for all rehabilitation claims and security rights to rehabilitation (Article 251); entry in the creditors’ list of the rights recognized pursuant to the rehabilitation plan or the security rights to rehabilitation based on the rehabilitation plan has the same effect as the final and conclusive judgment at the time the decision to authorize a rehabilitation plan becomes final and conclusive (Article 255(1)); and the compulsory execution is possible pursuant to the creditors’ list or security rights to rehabilitation after the rehabilitation procedures are completed (Article 255(2)); and there is no benefit in filing a lawsuit seeking performance against the rehabilitation claims listed in the creditors’ list.

Therefore, the lawsuit of this case is dismissed in its entirety as there is no interest in the lawsuit because it is filed separately for the performance lawsuit regarding the rehabilitation claim listed in the creditors' list. In light of the above circumstances, the lawsuit of this case is assessed against each party, and it is so decided as per Disposition.