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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. We examine, ex officio, whether the instant lawsuit is lawful or not.
Pursuant to Article 603 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), where any 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 individual rehabilitation creditor within the objection period, or the application for a final judgment on a final judgment on a final judgment is rejected, the claim is finalized as stated in the list of individual rehabilitation creditors (paragraph (1)), and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors,
(4) Article 603 of the Debtor Rehabilitation Act provides for the confirmation of individual rehabilitation claims and the effect of the list of individual rehabilitation creditors regardless of whether to authorize the repayment plan, if the individual rehabilitation procedures continue, the individual rehabilitation creditors may obtain reimbursement according to the repayment plan authorized in the individual rehabilitation procedures. Even if the individual rehabilitation procedures are discontinued, compulsory execution may be carried out according to the list of individual rehabilitation creditors.
Therefore, there is no benefit of lawsuit to file a performance suit separately for individual rehabilitation claims entered in the table of individual rehabilitation creditors.
In this case, considering the overall purport of the pleadings in the statement No. 5-1 and No. 2 of the evidence No. 5-2, the Defendant filed an application for commencement of individual rehabilitation procedures with the Cheongju District Court 2015 Cheongju District Court 2015 Ma11934 on Jun. 16, 2015 and received the decision to commence individual rehabilitation procedures on March 7, 2016, and the Plaintiff entered the amount of 16,725,484 won for the joint and several surety obligation against B claimed by the Plaintiff in the lawsuit in the list of individual rehabilitation creditors, and the Plaintiff did not raise any objection within the objection period prescribed by the said individual