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(영문) 서울동부지방법원 2019.05.31 2018가단135486

양수금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that where a 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 or is dismissed, a claim is finalized according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors. Therefore, there is no benefit in a lawsuit seeking performance separately for individual rehabilitation

B. Comprehensively taking account of the health class, Eul evidence Nos. 1 and the purport of the entire pleadings as to the instant case, the Defendant is found to have obtained the decision to commence individual rehabilitation procedures on December 21, 2018 by the Gwangju District Court 2018da50505, and the fact that the Defendant entered claims against the Defendant seeking the instant lawsuit in the list of individual rehabilitation creditors submitted by the Defendant, the list of individual rehabilitation creditors stating the Plaintiff’s claims is finalized, and the decision to authorize the repayment plan on April 1, 2019 was rendered.

According to the above facts, the plaintiff's lawsuit of this case against the defendant is finalized and confirmed, and there is no interest in the lawsuit because it seeks the performance of individual rehabilitation claims indicated in the table of individual rehabilitation creditors.

2. As such, the instant lawsuit is unlawful and thus, it is so decided as per Disposition by the assent of all participating Justices.