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(영문) 서울중앙지방법원 2020.08.26 2019나81089

대여금

Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

purport.

Reasons

1. Basic facts

A. On July 12, 2017, the Plaintiff: (a) determined and lent KRW 10,000,000 to the Defendant at 27.9% per annum; and (b) on July 11, 2022 on the expiration date of the contract.

(hereinafter “instant loan”). (b)

As of May 3, 2019, the unpaid principal and interest of the instant loan is 10,626,450 won in total, 9,885,902 won in principal, and 740,548 won in interest.

C. Meanwhile, the Defendant filed an application for individual rehabilitation with the Changwon District Court 2019Da15517, and the individual rehabilitation procedure was in progress. In the above rehabilitation procedure, the Plaintiff reported the instant loan claims as individual rehabilitation claims, and accordingly, the instant loan claims were finalized in the list of individual rehabilitation claims, and there was a decision to authorize the repayment plan on February 26, 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Ex officio determination on the legitimacy of a 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 where such application is rejected, a claim is confirmed in accordance with 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 individual rehabilitation creditors, and therefore, there is no benefit in a lawsuit to

b.

In light of the above legal principles, the instant loan claim was reported as individual rehabilitation claim and confirmed as it is in the list of individual rehabilitation creditors, and the fact that there was a decision to authorize the repayment plan in the above individual rehabilitation procedure is as seen earlier. Accordingly, the Plaintiff’s lawsuit on the instant loan claim becomes final and conclusive, and is recorded in the list of individual rehabilitation creditors.