대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that the Solomon Savings Bank, Solomon Savings Bank, a bankrupt debtor, acquired each obligation to acquire money as stated in the separate sheet against the defendant (the above bankruptcy debtor, the debtor, and the defendant respectively).
However, each of the above claims for transfer money is entered in the list of individual rehabilitation creditors with individual rehabilitation claims confirmed by the individual rehabilitation case against the defendant (Seoul District Court Decision 2007Ra29508), and the facts that the above individual rehabilitation procedure was abolished on May 6, 2009 and confirmed around that time are either the plaintiff or it is obvious to this court.
Where any confirmed individual rehabilitation claims are entered in the table of individual rehabilitation creditors, the entry of such individual rehabilitation claims is effective as the final and conclusive judgment on all of the individual rehabilitation creditors (Article 603(3) of the Debtor Rehabilitation and Bankruptcy Act), and when a decision to discontinue the individual rehabilitation procedures is confirmed, any individual rehabilitation creditor may perform compulsory execution on the debtor according to the table of individual rehabilitation creditors (Article 603(4) of the Debtor Rehabilitation and Bankruptcy Act). Therefore, there is no benefit in protecting the rights of the debtor in a lawsuit seeking the performance of such individual
Thus, the lawsuit of this case is unlawful and dismissed.