대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The defendant asserts to the purport that the lawsuit of this case is unlawful because each claim entered in the grounds for the claim (hereinafter referred to as "each claim of this case") is entered in the list of rehabilitation creditors in the rehabilitation procedure.
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, the rehabilitation procedure was commenced against the Defendant by Seoul Central District Court 2016dan10154, and each of the claims of this case finalized in the procedure was recorded in the table of rehabilitation creditors, and the fact that the rehabilitation procedure was abolished thereafter is recognized.
When rehabilitation claims confirmed by the rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act are entered in the table of rehabilitation creditors, their entry is effective as the same as the final and conclusive judgment, and such entry does not cease to exist even after the rehabilitation procedures are discontinued, and, therefore, the lawsuit of this case on the same claim is unlawful as
Therefore, the defendant's above assertion is justified.
Thus, the lawsuit of this case is unlawful and dismissed.