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(영문) 대법원 2017.01.12 2014다32014

청구이의

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. Article 39 of the former Debtor Rehabilitation Act (repealed by Article 2 of the Addenda to the Debtor Rehabilitation and Bankruptcy Act, Act No. 7428, Mar. 31, 2005; hereinafter “former Debtor Rehabilitation Act”) provides, “No act extinguishing individual rehabilitation claims listed in the list of individual rehabilitation creditors by repaying them or receiving repayment, etc. (excluding exemption) without resorting to the repayment plan.”

Accordingly, Article 71(1) of the former Individual Debtor Rehabilitation Act provides that “The repayment plan shall stipulate that “the matters concerning the property and income offered for repayment of obligations” and “the whole or part of individual rehabilitation claims specified in the list of individual rehabilitation creditors (Article 71(1)1) shall be determined” and “the individual rehabilitation claims specified in the list of individual rehabilitation creditors (Article 71(1)3) shall be repaid.”

Furthermore, Article 83(1) of the former Individual Debtor Rehabilitation Act provides that "the court shall decide to grant immunity, at the request of the relevant party or ex officio, when the debtor has completed the repayment according to the repayment plan." The main text of Article 84(2) of the same Act provides that "the exempted debtor shall be exempted from liability for the obligations of individual rehabilitation creditors except for the repayment according to the repayment plan." Article 84(1)1 of the same Act provides that "a claim that is not entered in the list of individual rehabilitation creditors" shall not be exempted from liability. According to the aforementioned provisions, all of the individual rehabilitation claims that are entered in the list of individual rehabilitation creditors that are subject to repayment, except for the repayment according to the repayment plan. However, the claims that are not entered in the list of individual rehabilitation creditors cannot be subject to repayment according to

On the other hand, the Housing Lease Protection Act is effective.