대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 11, 2015, the Plaintiff agreed to pay interest on the 14th day of each month by lending KRW 59 million to the Defendant on September 11, 2015, and that the Defendant would lose the benefit of the time when he/she is in arrears even once.
However, the defendant did not pay interest to the plaintiff properly.
Accordingly, the Plaintiff seeks a loan of 59 million won and damages for delay against the Defendant.
2. Determination
A. We examine ex officio the lawfulness of the instant lawsuit.
In full view of the provisions of Article 603(1), (3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, 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 after the commencement of the individual rehabilitation procedure, any claim is confirmed according to the list of individual rehabilitation creditors; where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors; and when a decision on discontinuation of individual rehabilitation procedures
Therefore, if the period for objection against the claim stated in the table of individual rehabilitation creditors is exceeded, regardless of whether the individual rehabilitation procedure is discontinued, the creditor shall be deemed to have the same effect as the final and conclusive judgment in favor of the debtor regarding the amount of the claim. In such a case, the creditor has no interest in the lawsuit against the debtor to file a separate performance suit against
B. Comprehensively taking account of the overall purport of the statements and arguments in evidence Nos. 2, 3, and 5 as to the instant case: (i) the Defendant applied for commencement of individual rehabilitation procedures on Nov. 5, 2015 and issued a decision to commence individual rehabilitation procedures as of Apr. 1, 2016 at Suwon District Court 2015, Apr. 1, 2016; and (ii) the loan claims asserted by the Plaintiff (hereinafter “instant claim”).