1. The instant lawsuit shall be dismissed.

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

Any rehabilitation creditor who intends to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") shall report rehabilitation claims (Article 148 (1) of the Act); when an objection is raised against any reported rehabilitation claims, all objectors may file an application with the court for the final claim inspection judgment (Article 170 (1) of the Act) with all objectors as other parties (Article 170 (1) of the Act); and anyone who is dissatisfied with such judgment may file an objection against the final claim inspection judgment

(Article 171 (1) of the Act: Provided, That where any lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and when any objection is raised to the reported rehabilitation claims, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(1) Article 172(1) of the Act provides that “Where a rehabilitation creditor files a lawsuit seeking the performance of a rehabilitation claim against an objector of the rehabilitation claim after the rehabilitation procedures commence, or where a rehabilitation creditor, who is not pending in a lawsuit on the rehabilitation claim at the time the rehabilitation procedures commence, files a lawsuit seeking the confirmation of the rehabilitation claim in lieu of going through the procedures provided for in Articles 170

(Supreme Court Decision 201Da10310 Decided May 26, 2011). The Defendant received a decision to commence rehabilitation procedures on August 1, 2016, and thereafter continued litigation on August 22, 2016 by serving a copy of the complaint on the Defendant on August 22, 2016.

The lawsuit of this case is unlawful as it continues after the decision on commencing the rehabilitation procedure, and its defects cannot be corrected. Thus, the lawsuit of this case is dismissed without holding any pleadings pursuant to Article 219 of the Civil Procedure Act.

The plaintiff asserts that rejection of a lawsuit on the ground that delivery of a copy of the complaint after the decision on commencement of rehabilitation procedures has been made may infringe on the right to a trial. However, when the decision on commencement of rehabilitation procedures has been made, the rehabilitation claim confirmation procedure that can confirm the rehabilitation claim is prepared separately.