구상금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. On November 13, 2016, the Plaintiff’s assertion C leased “D Apartment E” from the Defendant to KRW 110,000,000 for the lease deposit, from December 15, 2016 to December 14, 2018. The Plaintiff concluded a security insurance contract for lease on a deposit basis with C, with the purchase price of KRW 110,000,000 for KRW 110,000 for the lease period, and the insurance period from December 15, 2016 to January 13, 2019.
C After the expiration of the lease term, upon the Defendant’s failure to refund the lease deposit, C filed a claim with the Plaintiff for insurance proceeds under the said insurance contract, and on January 11, 2019, the Plaintiff paid KRW 110 million to C with the said insurance proceeds.
Therefore, the defendant is obligated to claim against the plaintiff the above KRW 10 million and damages for delay.
2. We examine ex officio the legality of the instant lawsuit on the determination of the legality of the instant lawsuit.
According to Articles 600(1)3 main sentence, 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), when a decision to commence individual rehabilitation procedures has been 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 individual rehabilitation procedures, etc.; 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 and conclusive judgment; when a decision to discontinue individual rehabilitation procedures has become final and conclusive, any individual
In light of the contents of these regulations and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the purport of the final judgment on individual rehabilitation procedures, procedural acts are conducted in relation to the act of suspending or prohibiting the application of the proviso of Article 600(1)3 of the Debtor Rehabilitation Act.