1. The instant lawsuit shall be dismissed.

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

1. As to the lawsuit of this case where the plaintiff filed a claim for reimbursement against the defendant, we examine ex officio whether the lawsuit of this case is legitimate.

2. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), where a creditor, who is recorded in the list of individual rehabilitation creditors, fails to file an application for a final judgment on a final judgment on a final judgment on a final judgment on a rehabilitation creditor within the objection period, or is dismissed, the claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)), and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors (paragraph (3)), and

(4) Article 603 of the Debtor Rehabilitation Act provides for the confirmation of individual rehabilitation claims and the effect of the list of individual rehabilitation creditors, in cases where individual rehabilitation procedures continue, any individual rehabilitation creditor may be reimbursed according to the repayment plan authorized in the individual rehabilitation procedures, and even if the individual rehabilitation procedures are discontinued, compulsory execution may be effected according to the list of individual rehabilitation creditors.

Therefore, there is no benefit of lawsuit to file a performance suit separately for individual rehabilitation claims entered in the table of individual rehabilitation creditors.

3. Based on the foregoing legal doctrine, comprehensively taking account of the purport of the description of health class, Eul evidence Nos. 1 through 3 and the entire pleadings with respect to the instant case, the Defendant: (a) on November 5, 2015, filed an application for commencement of individual rehabilitation procedures with the Gwangju District Court 2015da36259; (b) was decided to commence individual rehabilitation procedures on March 16, 2016; and (c) the Plaintiff’s claim for indemnity seeking the instant lawsuit was entered in the list of individual rehabilitation creditors; and (d) the claim becomes final and conclusive as stated