1. The instant lawsuit shall be dismissed.

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

1. On July 6, 2012, the Plaintiff asserted that: (a) concluded a lease agreement with the Defendant on the deposit amount of KRW 130,00,000 with respect to the previous lease deposit of KRW 130,00,00 with respect to the Yongsan-gu C Apartment 102, 404, the Plaintiff paid the deposit of KRW 130,00,000; (b) however, (c) the Plaintiff received only KRW 69,165,275 from the auction procedure in progress with respect to the above apartment and did not recover KRW 60,834,725 from the said auction procedure; and (d) filed against the Defendant for the payment of the said KRW 60,834,72

2. Pursuant to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, where a creditor, who has been recorded in the list of individual rehabilitation creditors, fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period, or an application for a final judgment on an individual rehabilitation claim inspection is rejected, the claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)), and where a final and conclusive individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final and conclusive judgment on all individual rehabilitation creditors (paragraph (3)), and when a decision on discontinuation of individual rehabilitation procedures

(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.

On January 14, 2014, the Defendant filed an application to commence individual rehabilitation procedures with the Incheon District Court 2014da4372, and received the decision to commence individual rehabilitation procedures on August 29, 2014.