1. The instant lawsuit shall be dismissed.

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

1. Determination on the lawfulness of the instant lawsuit

(a) Any rehabilitation creditor intending to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claims and when any objection is raised against the reported rehabilitation claims, all objectors thereto may file an application for the final claim inspection judgment with the court as other parties, and anyone who is dissatisfied with such judgment may file an objection lawsuit against the final claim inspection judgment;

Where any lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, rehabilitation creditors shall report the rehabilitation claims and when any objection is raised against the reported rehabilitation claims, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(1) Article 172(1) of the same Act provides that, if there is no objection against any reported rehabilitation claim, the same as the reported claim is finalized (Article 166 Subparag. 1). In the event that any entry of the confirmed rehabilitation claim in the table of rehabilitation creditors is entered in the table of rehabilitation creditors, the entry of the final and conclusive judgment becomes the same as that of the final and conclusive judgment (Article 168). Therefore, the lawsuit on the rehabilitation claim that has been pending is illegal as there is no benefit of the lawsuit (see Supreme Court Decision 2013Da17971, Jun.

Comprehensively taking account of the overall purport of each of the statements in Eul evidence Nos. 1 through 10, the following facts are acknowledged: (a) the rehabilitation procedures commenced with respect to Korea Venture Co., Ltd. on October 28, 2016, during which the instant lawsuit was pending; (b) the Plaintiff’s claim was confirmed as a rehabilitation claim in the rehabilitation procedure; (c) the Plaintiff’s claim was recorded in the table of rehabilitation creditors; and (d) the Defendant deposited the Plaintiff’s KRW 24,00,000 as the deposited person on May 17, 2017 according to the rehabilitation plan approved by the Defendant; and (c) the Plaintiff listed the remainder of KRW

In the application of the legal principle as seen earlier, the Plaintiff’s lawsuit of this case was unlawful as there was no benefit of lawsuit.

2. The instant lawsuit is dismissed, and the costs of the lawsuit are assessed against each party.