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(영문) 창원지방법원 2015.10.13 2015나124

대여금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. One-half of the total litigation costs shall be the plaintiff and the remainder.

Reasons

1. Facts of recognition;

A. On November 7, 2012, the Plaintiff lent KRW 15,000,00 to the Defendant without setting an interest rate and due date.

B. On November 27, 2014, the first instance court rendered a judgment in favor of the Plaintiff that “the Defendant shall pay the Plaintiff KRW 15,000,000,000 and damages for delay.”

C. Meanwhile, on February 5, 2014, the Defendant filed an application for individual rehabilitation with Suwon District Court No. 2014da16785, which had been pending in the instant lawsuit, and the individual rehabilitation procedure commenced. In the instant rehabilitation procedure, the said claim was finalized in the list of individual rehabilitation creditors, and the decision was made to authorize the repayment plan on August 19, 2015.

However, in the above individual rehabilitation procedure, the defendant reported the plaintiff's claims as individual rehabilitation claims under the judgment of the first instance court, and entered the above claims as individual rehabilitation claims in the list of individual rehabilitation creditors, and it was confirmed that the plaintiff did not raise any objection within the objection period and entered in the list

[Ground of recognition] The non-contentious facts, Gap evidence 2, 5, 6, Eul evidence 1 to 5, the fact inquiry results against the Smart Savings Bank Co., Ltd. of the court of first instance, the purport of the whole pleadings

2. Determination ex officio as to 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 of the individual rehabilitation creditors. Therefore, there is no benefit in a lawsuit

B. Based on the above legal principles, the health unit and the Defendant’s judgment at the first instance court.