1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On April 15, 2013, the Plaintiff loaned a loan of KRW 40 million to A at 36 months of the lending period, interest rate of KRW 25.49%, and delay compensation rate of KRW 35.49%.

B. A lost the benefit of the term of the above loan on May 2, 2014, and on May 9, 2014, the sum of the principal and interest of the credit based on the standard loan is KRW 30,076,438.

C. A completed the registration of ownership transfer on the ground of sale as of August 20, 2013, No. 63573, which was received on August 23, 2013, with respect to shares of 1/2 of the real estate listed in the attached list, to the Defendant.

A applied for individual rehabilitation to the Daegu District Court on July 28, 2014 as the 2014da49731, and the individual rehabilitation procedure commenced on September 4, 2014. Upon receipt of a decision to authorize the repayment plan on March 13, 2015, and the list of creditors included the instant claim, and the said individual rehabilitation procedure was not discontinued until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. We examine ex officio the legality of the instant lawsuit.

According to Articles 584, 347(1) and 406 of the Debtor Rehabilitation and Bankruptcy Act, after a decision to commence an individual rehabilitation procedure is rendered, the debtor shall exercise the avoidance power and the court may order the debtor to exercise the avoidance power, at the request of the creditor or rehabilitation commissioner or ex officio. When a lawsuit filed by any individual rehabilitation creditor is pending at the time such individual rehabilitation procedure commences, the lawsuit shall be interrupted until the takeover of the individual rehabilitation procedure or the termination of the individual rehabilitation procedure is interrupted.

In light of the purport of these regulations and the nature of individual rehabilitation procedures, which are collective debt disposal procedures, and the object of avoidance power, the debtor shall exercise the avoidance power aimed at equal repayment to all creditors after the decision to commence individual rehabilitation procedures has been rendered, and the debtor shall receive or demand repayment of individual rehabilitation claims stated in the list of individual rehabilitation creditors.