대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the overall purport of the statements and arguments as to Gap evidence Nos. 1 through 5, the plaintiff entered into a loan contract with the defendant as of October 25, 2012, with a loan contract with a loan of KRW 32 million, maturity of KRW 500,000,000 on April 25, 2016, and with a maturity of April 16, 2014, and the maturity of April 16, 2017, and paid the loan to the defendant. The defendant applied for commencement of individual rehabilitation procedures as of November 8, 2016, upon receiving the application for commencement of individual rehabilitation procedures as the Busan District Court Decision No. 2017, Apr. 26, 2017; the plaintiff entered and confirmed in the list of individual rehabilitation creditors of the plaintiff; and the court thereafter decided to discontinue individual rehabilitation procedures on December 14, 2018.
2. We examine the legitimacy of the instant lawsuit ex officio.
Pursuant to Article 603 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), where any creditor who has been entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a individual rehabilitation creditor within the objection period, or the application for a final judgment on a final judgment on a final judgment is rejected, the claim is finalized as stated in the list of individual rehabilitation creditors (paragraph (1)), and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors,
(4) Article 603 of the Debtor Rehabilitation Act provides for the confirmation of individual rehabilitation claims and the effect of the list of individual rehabilitation creditors regardless of whether to authorize the repayment plan, if the individual rehabilitation procedure continues, the individual rehabilitation creditor may obtain reimbursement according to the repayment plan authorized in the individual rehabilitation procedure, and even if the individual rehabilitation procedure is discontinued, the compulsory execution may be effected according to the list of individual rehabilitation creditors.