1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Any property claim arising from any cause before the rehabilitation procedures commence for a debtor as to whether a lawsuit is lawful falls under a rehabilitation claim (Article 118 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act; hereinafter “the Debtor Rehabilitation Act”); when a decision to authorize the rehabilitation plan is made, the rights of rehabilitation creditors are altered according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation Act); when a decision to authorize the rehabilitation plan becomes final and conclusive, the entry in the table of rehabilitation creditors on the rights recognized under the rehabilitation plan has the same effect as a final and conclusive judgment on the debtor rehabilitation creditor (Article 255(1) of the Debtor Rehabilitation Act); and any rehabilitation creditor, when a decision to discontinue the rehabilitation procedures is made, may perform compulsory execution on the debtor according to the table of rehabilitation creditors (Articles 292(2), 293, and 255(2) of the Debtor Rehabilitation Act); thus,

According to the facts stated in the evidence Nos. 1 and 2 and the purport of the entire arguments and the facts stated in this court, the defendant was issued a decision to commence rehabilitation procedures as of September 19, 2016 by the Seoul Central District Court 2016 Ma10198, and the plaintiff was included in rehabilitation creditors (135 creditors of the rehabilitation case), and the fact that rehabilitation procedures were abolished on November 9, 2016 is recognized, and the plaintiff's lawsuit in this case is ultimately without a benefit of lawsuit.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.