대여금
1. Revocation of the first instance judgment.
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. According to Articles 600(1)3 (main sentence), 603, and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures is rendered with respect to the legitimacy of a lawsuit, the individual rehabilitation claims shall be confirmed based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation procedures. Where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment, and when a decision to discontinue the individual rehabilitation procedures becomes final and conclusive, any individual rehabilitation creditor may perform compulsory execution against the debtor in accordance with the list of individual rehabilitation creditors.
In light of the content of such provision and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the purport of the final judgment on a final judgment on a final judgment on an individual rehabilitation procedure, even if the proviso of Article 600(1)3 excludes litigation from the act of suspension or prohibition pursuant to the decision on the commencement of individual rehabilitation procedures, it should be deemed to the effect that litigation may be conducted in cases where a lawsuit regarding individual rehabilitation claims that are entered in the list of individual rehabilitation creditors is already filed at the time of the decision on the commencement of individual rehabilitation procedures, and that a lawsuit for performance is not allowed
(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). Accordingly, according to the overall purport of the statement and pleading No. 10, the Defendant filed an application for individual rehabilitation with the Seoul Rehabilitation Court No. 2014Da209381 on November 5, 2014, and the decision to commence individual rehabilitation was made on September 8, 2015, and the list of individual rehabilitation creditors submitted by the Defendant was the creditor: Plaintiff and the cause of the claim: January 9, 2009.