1. The instant lawsuit shall be dismissed.

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

1. Judgment on the main defense of this case

A. The gist of the defendant's assertion asserts that the lawsuit in this case is unlawful since the plaintiff's claim against the defendant for the payment of KRW 70 million (the total amount of KRW 20 million lent on May 11, 2007, KRW 50 million lent on August 22, 2007, and KRW 16,042,248, total amount of indemnity claim 16,042,248, incurred by the plaintiff's subrogation in payment of the money borrowed by the defendant from Hyundai Capital) and the lawsuit in this case where the defendant seeks repayment of the money borrowed by the defendant from Hyundai Capital on his behalf, since the defendant obtained the decision to authorize individual rehabilitation, it was confirmed that the plaintiff's claim was written in the list of individual rehabilitation creditors.

B. Comprehensively taking account of the entries in the evidence Nos. 1 and 2 and the purport of the entire pleadings, the Defendant applied for individual rehabilitation as of March 10, 2015 by the Seoul Central District Court 2015da38739, and was ordered to commence January 22, 2016. In the list of creditors, the fact that the Plaintiff entered the above loan, the claim for indemnity, and the claim for indemnity that the Plaintiff sought as the instant lawsuit is acknowledged, and the fact that the Plaintiff filed the instant lawsuit on January 29, 2016 is apparent in the record.

Meanwhile, according to the Debtor Rehabilitation and Bankruptcy Act, at the same time with a decision to commence individual rehabilitation, the court shall determine the period for objection (not less than two weeks but not more than two months from the date of the decision to commence individual rehabilitation procedures, barring any special circumstance) (Article 596(2)1); where a creditor who has entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the said objection period, the claim shall be confirmed as stated in the list of individual rehabilitation creditors (Article 603(1)1, which is irrelevant to the authorization of the repayment plan), and where the final individual rehabilitation claim is entered in the list, the junior administrative officer, etc. shall prepare the list of individual rehabilitation creditors (Article 603(2)), and the entry of the finalized individual rehabilitation