1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant filed an application for individual rehabilitation with this Court No. 2015da4741, and rendered a decision to commence individual rehabilitation proceedings on June 20, 2016.

B. In the list of individual rehabilitation creditors prepared in the above individual rehabilitation procedure, the Plaintiff’s loan claims amounting to KRW 6,880,000 and damages for delay are indicated therein.

C. On September 16, 2015, before the decision to commence the above individual rehabilitation procedure was rendered, the Plaintiff filed the instant lawsuit claiming KRW 50,000,000 against the Defendant and damages for delay. D.

In the above individual rehabilitation procedure, the Plaintiff submitted a written objection on September 30, 2016, which is the expiration date of the objection period, and filed an application for modification to the purport of changing the above loan claims to the lawsuit for confirmation of individual rehabilitation claims on October 14, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, with respect to the determination on the legitimacy of the instant lawsuit.

According to Article 603(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), where a creditor who has been entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a rehabilitation creditor within the objection period under Article 596(2

Meanwhile, pursuant to Article 604 of the Act, any individual rehabilitation creditor who has an objection to the contents of the list of individual rehabilitation creditors may file an objection in writing within the objection period under Article 596(2)1 (Article 596(1)). In the event that there is an objection against the right that has been pending in a lawsuit at the time individual rehabilitation procedures commence, no separate application for a judgment in claim allowance proceedings may be filed, and the content of a lawsuit that has already been pending

(2) In light of the purport of the above provision,