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(영문) 서울중앙지방법원 2020.01.14 2019가단5184296

양수금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

The Plaintiff asserted that he received the claim against the Defendant by transfer of D Co., Ltd., and sought payment of KRW 39,878,042, which is the remaining amount of the amount of the transferred money and damages for delay on principal (hereinafter “the claim for the transferred money”).

Article 603 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that where any 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 against the individual rehabilitation claim, or an application for a final judgment on an individual rehabilitation claim inspection is rejected, any claim is finalized according to 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 individual rehabilitation creditors (Paragraph (3)), and where a decision on discontinuation of individual rehabilitation procedures is confirmed, any individual rehabilitation creditor may perform compulsory execution on the basis of the list of individual rehabilitation creditors (Paragraph (4)). Therefore, there is no benefit

However, the Defendant filed an application for individual rehabilitation with Seoul Rehabilitation Court 2018da70628, and obtained the decision to commence individual rehabilitation from the above court on July 16, 2019, including the instant claim for acquisition money sought by the Plaintiff in the list of individual rehabilitation creditors of the above individual rehabilitation procedures, and the Defendant’s individual rehabilitation case was decided as of August 12, 2019 by the objection period against individual rehabilitation claims until August 12, 2019, and the repayment plan was approved on September 26, 2019 after the objection period expired, can be recognized by the court of this case or by the records of this case.

According to the above facts, the plaintiff's claim for the transfer of this case stated in the list of individual rehabilitation creditors.