1. The instant lawsuit shall be dismissed.

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

1. The facts in the separate sheet of claim (However, the creditor shall be deemed to be the plaintiff, the debtor shall be deemed to be the defendant) shall not be disputed between the parties, or may be acknowledged by taking into account the respective entries in Gap evidence Nos. 1 and 6 (including the serial number; hereinafter the same shall apply) and the whole purport of pleadings.

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

According to Article 603(1)1, (3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, where any 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 after the commencement of the individual rehabilitation procedure, any 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, and when the decision on discontinuation of the individual rehabilitation procedure is confirmed,

Therefore, even if a decision on discontinuation of individual rehabilitation procedures is confirmed with respect to individual rehabilitation claims entered in the table of individual rehabilitation creditors, there is no benefit in filing a performance lawsuit separately.

On February 23, 2018, the defendant filed an application for individual rehabilitation with Suwon District Court 2018 Ma107041 on February 23, 2018, and received a decision to commence individual rehabilitation procedures from the above court on September 24, 2019, the defendant stated the list of individual rehabilitation creditors submitted by the above individual rehabilitation procedures that the claim of the plaintiff was stated in the list of individual rehabilitation creditors, and the claim stated therein is confirmed as is because the plaintiff did not file an application for a final judgment on the individual rehabilitation procedures within the objection period, and the defendant received a decision to discontinue the individual rehabilitation procedures from the above court on February 5, 2020.