양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion is as shown in the annexed Form "Grounds for Claim".
(However, the “creditor” as the Plaintiff and the “debtor” as the Defendant respectively). 2. Whether the instant lawsuit is lawful or not
A. According to the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures is rendered, all acts of receiving or demanding repayment of individual rehabilitation claims that are entered in the list of individual rehabilitation creditors shall not be performed, and the confirmation of individual rehabilitation claims shall be based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation procedures, etc. Where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry in the list of individual rehabilitation creditors shall have the same effect as the final judgment, and when
(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). B.
We examine the case in this case.
① On February 21, 2014, the Defendant filed an application for individual rehabilitation with the Seoul Central District Court 2014da38046, which had been pending the instant lawsuit, and received the order of commencement on June 30, 2014. ② The Defendant entered all the claims of the Plaintiff in the list of creditors asserted in the said individual rehabilitation procedure (However, there seems to be any difference between the time of issuance of each debt certificate and the time of the Plaintiff’s filing of the instant lawsuit). The fact that the claim against the Plaintiff became final and conclusive as individual rehabilitation claims against the Defendant is either a dispute between the parties or based on the overall purport of the pleadings.
The existence of individual rehabilitation claims should be confirmed by changing the performance lawsuit to the final lawsuit of individual rehabilitation claims when the individual rehabilitation procedures commence while an ordinary performance lawsuit is pending.