1. The instant lawsuit shall be dismissed.

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

1. The fact that, on November 14, 2016, B obtained a decision to authorize the repayment plan for the individual rehabilitation procedure by Suwon District Court 2016 Da1001438, Suwon District Court 2016; the Plaintiff’s claims against B are also recorded in the list of creditors of the above individual rehabilitation procedure; and the fact that the above individual rehabilitation procedure has not been abolished until now does not conflict between the parties.

2. Determination

(a) Subsequent to a decision to commence individual rehabilitation procedures, the debtor shall exercise the avoidance power and the court may, at the request of the creditor or rehabilitation commissioner or ex officio, order the debtor to exercise the avoidance power, and when a lawsuit filed by any individual rehabilitation creditor is pending at the time that the individual rehabilitation creditor decides to commence the individual rehabilitation procedures, the procedures shall be interrupted until the takeover of the individual rehabilitation procedures

In light of the purport of these provisions and the nature of individual rehabilitation procedures, which are collective debt-handling procedures, and the purpose of avoidance power, after a decision to commence individual rehabilitation procedures has been rendered, the debtor shall exercise the avoidance power aiming at equal repayment to all creditors, and the debtor cannot file a lawsuit seeking revocation against the creditor, which is aimed at preserving individual rehabilitation claims that are entered in the list of individual rehabilitation creditors, on the premise of individual compulsory execution by individual rehabilitation creditors who are unable to receive repayment or require repayment.

(Supreme Court Decision 2010Da37141 Decided September 9, 2010). B.

In applying the above legal principles to the above basic facts, the instant lawsuit is deemed unlawful as it was filed by the Plaintiff, who is the individual rehabilitation creditor of B.

3. In conclusion, the instant lawsuit is dismissed, and it is so decided as per Disposition.