1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

According to Articles 600(1)3 main sentence, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when a decision to commence individual rehabilitation procedures has been 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 details 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 has the same effect as the final and conclusive judgment; when a decision to discontinue individual rehabilitation procedures has become final and conclusive, any individual

In light of the content of such provision and the nature of individual rehabilitation procedures, which are collective debt disposal procedures, and the purport of the final judgment system for individual rehabilitation claims, even if the proviso of Article 600(1)3 excludes litigation in the act of suspension or prohibition by the decision to commence individual rehabilitation procedures, it should be deemed that a lawsuit regarding individual rehabilitation claims, which is entered in the list of individual rehabilitation creditors at the time of the decision to commence individual rehabilitation procedures, may be instituted in cases where a lawsuit regarding individual rehabilitation claims, which is entered in the list of individual rehabilitation creditors, is already filed, and it is not prohibited to file a lawsuit

(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). According to the overall purport of the statements and arguments in the Evidence Nos. 1 through 4 and the whole purport of the Evidence Nos. 2013Da42878 Decided September 14, 2015, the Defendant was ordered to commence individual rehabilitation as of September 14, 2015, Incheon District Court 2014Da108847, and the Plaintiff was obligated to pay the unpaid deposit against the Defendant on September 22, 2015, the decision to commence individual rehabilitation.