1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C shall pay to the Plaintiff KRW 40,000,000, and as to the above, February 2, 2006.

1. Whether the lawsuit against the defendant B is legitimate

A. The plaintiff sought the payment of his claim against the defendant B for the interruption of the extinctive prescription of the claim based on the final judgment stated in the annexed form of claim against the defendant B. We examine ex officio whether the plaintiff's lawsuit against the defendant B is legitimate.

B. 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, all acts of receiving or demanding repayment of individual rehabilitation claims that are entered in the list of individual rehabilitation creditors shall not be performed, and the confirmation of individual rehabilitation claims shall be based on an objection to the contents of the list of individual rehabilitation creditors and the final judgment on 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 individual rehabilitation procedures is confirmed, any individual

In light of the content of such provision and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the purport of the final judgment on a final judgment on a final judgment on an individual rehabilitation procedure, even if the proviso of Article 600(1)3 excludes litigation from the act of suspension or prohibition pursuant to the decision on the commencement of individual rehabilitation procedures, it should be deemed to the effect that litigation may be conducted in cases where a lawsuit regarding individual rehabilitation claims that are entered in the list of individual rehabilitation creditors is already filed at the time of the decision on the commencement of individual rehabilitation procedures. Moreover, filing a lawsuit for performance based on individual

Meanwhile, Article 32 Subparag. 3 and Article 589(2) of the Debtor Rehabilitation and Bankruptcy Act provides for the interruption of prescription against the submission of list of individual rehabilitation creditors.