1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion is the instant lawsuit seeking payment of KRW 40,724,48 of credit card use price and delay damages for KRW 27,640,317, which are the principal.

As to this, the defendant asserted that the plaintiff's claim of this case was unlawful since it was registered in the table of individual rehabilitation creditors in the individual rehabilitation procedure against the defendant.

2. Determination on the defense prior to the merits

A. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, if individual rehabilitation claims confirmed in the individual rehabilitation procedure are entered in the table of individual rehabilitation creditors, the same effect as the final and conclusive judgment is effective, and when a decision to discontinue the individual rehabilitation procedure becomes final and conclusive, individual rehabilitation creditors may perform compulsory execution against the debtor according to the table

Therefore, it is not allowed to file a lawsuit for performance based on individual rehabilitation claims newly entered in the list of individual rehabilitation creditors after a decision to commence individual rehabilitation procedures was rendered (see, e.g., Supreme Court Decision 2013Da42878, Sept. 12, 2013).

In light of the above legal principles, according to the records, the decision to commence a rehabilitation procedure against the defendant was made by the Seoul Central District Court 2013 2013 Ma100135, and the credit card payment claim of this case claimed by the plaintiff was finalized and confirmed in the list of individual rehabilitation creditors of the defendant, and then the above individual rehabilitation procedure was abolished. Accordingly, the lawsuit of this case is unlawful because there is no

3. Conclusion, the instant lawsuit is unlawful and dismissed.