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1. Of the instant lawsuit, the part of the claim against Defendant B is dismissed.
2. Defendant C is the Plaintiff KRW 115,55,57 and the Plaintiff.
Reasons
1. We examine the legitimacy of the instant lawsuit ex officio on the part of the claim against Defendant B.
The plaintiff is seeking reimbursement against the defendant B according to the franchise insurance contract stated in the attached Form.
(2) According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, where a creditor 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 for individual rehabilitation claims, where an application for a final judgment on an individual rehabilitation claim inspection is dismissed, the claim is finalized (paragraph (1)), and where a final individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry has the same effect as a final and conclusive judgment on all individual rehabilitation creditors (paragraph (3)), and where a decision on discontinuation of individual rehabilitation procedures is confirmed, the individual rehabilitation creditor may perform compulsory execution on the debtor according
(4) Article 603 of the Debtor Rehabilitation and Bankruptcy Act provides for the confirmation of individual rehabilitation claims and the effect of the table of individual rehabilitation creditors regardless of whether to authorize the repayment plan. Where individual rehabilitation procedures continue, individual rehabilitation creditors may obtain reimbursement according to the repayment plan approved in the individual rehabilitation procedure. Even if the individual rehabilitation procedures continue, compulsory execution may be conducted according to the table of individual rehabilitation creditors. Thus, there is no benefit in filing a separate lawsuit for performance of individual rehabilitation claims listed in the table of individual rehabilitation creditors.
In this case, following the filing of the instant lawsuit, Defendant B filed an application for individual rehabilitation with the Daejeon District Court 2018da9823 and entered the decision to commence individual rehabilitation procedure on April 23, 2018, and Defendant B entered the list of individual rehabilitation creditors of the Plaintiff’s claim for reimbursement of this case in the list of individual rehabilitation creditors, and thereafter, the Plaintiff included the legal expenses.