1. The instant lawsuit shall be dismissed.

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

1. The Defendant filed an application for commencement of individual rehabilitation procedures on January 27, 2014, and on September 26, 2014, the Seoul Central District Court decided to commence individual rehabilitation procedures (hereinafter “individual rehabilitation procedures in this case”) as Seoul Central District Court Decision 2014da19540 (hereinafter “instant individual rehabilitation procedures”).

In the list of individual rehabilitation creditors submitted by the Defendant upon filing an application for individual rehabilitation procedures, the list of individual rehabilitation creditors of this case contains the following: “The creditor, the balance of principal, KRW 57,000,000, and damages for delay thereof,” and “the claim” (hereinafter “

The above court set the closing date for creditor's objection on November 4, 2014, and the Plaintiff did not raise any objection to the list of creditors on which the claim in this case was stated by the due date.

Since then, the instant individual rehabilitation procedure was repealed on January 30, 2015 on the grounds of Article 620(2)1 and Article 595 Subparag. 2 of the Debtor Rehabilitation and Bankruptcy Act on the grounds that “it is difficult to believe the contents of the list, etc. of revenues and expenditures submitted by the Defendant.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7, significant facts in this court, purport of the whole pleadings

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

According to the Debtor Rehabilitation and Bankruptcy Act, at the same time as a decision to commence individual rehabilitation is made, the court shall determine the period for objection (not less than two weeks but not more than two months from the date of the decision to commence individual rehabilitation procedures, unless there are any special circumstances) (Article 596(2)1); where a creditor who has entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the said objection period, the claim shall be confirmed according to the list of the list of individual rehabilitation creditors (Article 603(1)1, which is irrelevant to the authorization of the repayment plan), and in such case, a junior administrative officer, etc. shall prepare the list of individual rehabilitation creditors (