대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's argument is that the defendant is obligated to pay to the plaintiff the claim as stated in the annexed sheet (the plaintiff, the debtor refers to the defendant) (hereinafter "claim as stated in the claim of this case"). Thus, the plaintiff is entitled to file the lawsuit of this case seeking the performance thereof.
2. Determination
A. According to the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy 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 list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation procedures, etc. Where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry is effective as the final judgment, and when a decision to discontinue individual rehabilitation procedures has become final and conclusive,
A lawsuit filed for performance with respect to individual rehabilitation claims entered in the list of individual rehabilitation creditors after a decision to commence individual rehabilitation procedures is rendered shall not be permitted.
(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). B.
The Defendant received a decision to commence individual rehabilitation procedures from the above court upon filing an application for individual rehabilitation with the Gwangju District Court 2019 Congress 512362. The list of individual rehabilitation creditors submitted by the Defendant was recorded in the list of individual rehabilitation creditors submitted by the said individual rehabilitation procedures. The claim in this case was confirmed as individual rehabilitation claims and entered in the list of individual rehabilitation creditors. On July 1, 2020, the fact that the court rendered a decision to authorize the repayment plan was significant in this court or that there was no dispute between the parties.
C. The Plaintiff shall record the claim in the list of individual rehabilitation creditors.