1. The part against the defendant in the judgment of the court of first instance in accordance with the process of litigation in the trial shall be modified as follows:

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the

2. According to Articles 584, 347(1), and 406 of the Debtor Rehabilitation and Bankruptcy Act with respect to the legitimacy of a lawsuit filed against the plaintiff against the defendant ex officio, the right to set aside may be exercised by the debtor after a decision to commence an individual rehabilitation procedure has been rendered, and the court may order the debtor to exercise the right to set aside upon the request of the creditor or rehabilitation commissioner or ex officio. When a lawsuit filed by the individual rehabilitation creditor is pending at the time the decision to commence the individual rehabilitation procedure is rendered, the lawsuit filed by the individual rehabilitation creditor shall be suspended until the takeover of the lawsuit or the termination of the individual rehabilitation procedure. In light of the purport of such provision and the nature of the individual rehabilitation procedure, the purpose of the right to set aside, etc., the debtor shall exercise the right to set aside for equality against the total creditor after the decision to commence the individual rehabilitation procedure is rendered, and the individual rehabilitation creditor who is unable to receive repayment or demand repayment of the individual rehabilitation claim stated in the list of individual rehabilitation creditors cannot file a lawsuit seeking revocation of the creditor's liability for each individual claim on the basis

(see Supreme Court Decision 2010Da37141, Sept. 9, 2010). Therefore, when a creditor’s revocation lawsuit is pending at the time a decision to commence individual rehabilitation procedure is rendered, the debtor who is legally qualified to take over the lawsuit shall take over the lawsuit, and the debtor who takes over the lawsuit shall change the existing creditor’s revocation lawsuit into the lawsuit for avoidance.

On September 4, 2017, the instant lawsuit was brought against the Plaintiff on August 1, 2018, the Suwon District Court No. 2017da102272, August 1, 2018, before and after the filing of the instant lawsuit.