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(영문) 서울중앙지방법원 2015.05.27 2014가단5326422

양수금

Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

According to Article 603(1)1, (3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, where a creditor who has entered 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 prescribed, a claim is confirmed according to the list of individual rehabilitation creditors; where any individual rehabilitation claim confirmed as such 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; and when a decision to discontinue the individual rehabilitation procedures is confirmed, such individual

In full view of the overall purport of the pleadings in the statement No. 1 of the evidence No. 1, the fact that the Defendant rendered a decision to commence individual rehabilitation proceedings on November 24, 2014 in the case of individual rehabilitation filed by the Incheon District Court 2014 Ma18166, and that the list of individual rehabilitation creditors in the above individual rehabilitation case contains a claim for loans sought by the Plaintiff in this case, but the Plaintiff is recognized as having not filed an application for final judgment on

According to the above facts, since the claims for loans sought by the plaintiff in this case were finalized in the above individual rehabilitation procedure, the lawsuit in this case is deemed to have no interest in the lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.