1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Comprehensively taking account of the legal nature of the instant lawsuit as to Gap’s evidence No. 1, the Plaintiff, based on the loan certificate as of April 28, 2014 and the purport of the entire pleadings, has a claim that is paid KRW 200,000,000 to the Defendant separately from interest and interest of KRW 90,000 per annum and KRW 15% per annum, and the Defendant filed an application for individual rehabilitation with the Seoul Central District Court 2014Da23024, the Plaintiff reported the Plaintiff’s claim, and the said court issued a decision to authorize the repayment plan as of October 7, 2015, and the said decision can be recognized as having become final and conclusive at that time.

According to the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures is rendered, the individual rehabilitation claims shall not be repaid or demanded to reimburse the individual rehabilitation claims that are entered in the list of individual rehabilitation creditors; and the confirmation of individual rehabilitation claims shall be based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation procedures, etc.; where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment; when a decision to discontinue

(see Supreme Court Decision 2013Da42878, Sept. 12, 2013). According to the above facts, the individual rehabilitation procedure against the Defendant commenced during the instant lawsuit, and the Plaintiff’s claim in the individual rehabilitation procedure seems to have become final and conclusive without objection by entering the list of individual rehabilitation creditors in the list of individual rehabilitation creditors.

In ordinary, when an individual rehabilitation procedure commences while an action is pending, the existence of individual rehabilitation claims should be confirmed by changing the performance lawsuit into a final lawsuit for confirmation of individual rehabilitation claims. The lawsuit in this case is brought to the extent that the plaintiff's claims are already entered in the list of creditors in the individual rehabilitation procedure and that the plaintiff does not raise any objection.