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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the evidence evidence No. 1 of the facts based on which the Plaintiff was issued a seizure and collection order as to the wage claim against the Defendant in Daejeon District Court on July 7, 2014 based on the executory copy of the protocol of mediation claiming rent No. 2008Gadan9709, Hongsung Branch Court of Daejeon District Court on July 7, 2014, based on the executory copy of the protocol of mediation claiming rent No. 2008Gadan9709, and the above order was served on the Defendant on July 9, 2014.
2. The Plaintiff requested the Defendant to pay the collection amount according to the above seizure and collection order.
Article 615(3) of the Debtor Rehabilitation and Bankruptcy Act provides that when a decision to authorize a repayment plan is made, compulsory execution based on individual rehabilitation claims shall lose its effect. Article 580(1)1 of the same Act provides that "All assets owned by the debtor and the debtor, at the time the decision to commence individual rehabilitation procedures is made, shall be deemed to belong to the individual rehabilitation foundation."
However, according to the overall purport of the evidence Nos. 6 and 1 evidence Nos. 1 and the whole pleadings, C filed an application for individual rehabilitation with Daejeon District Court 2014da55996, and the above court decided to authorize the repayment plan on October 22, 2014, and decided to authorize the individual rehabilitation procedure on April 30, 2015, and the fact that the Plaintiff’s claim against C is included in the list of individual rehabilitation creditors.
Therefore, the above claims against the plaintiff C are included in individual rehabilitation claims under the above 2014da55996, and the payment claims against the defendant C are included in the whole individual rehabilitation estate regardless of whether or not the individual rehabilitation procedure commenced. Thus, the above seizure and collection order lost its effect in accordance with the above provisions of the law.
As a result, the Plaintiff lost the ability to collect the benefit claim against the Defendant of C, the collection amount based on the above seizure and collection order.