양수금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around April 18, 2013, the summary of the Plaintiff’s assertion (hereinafter “Nonindicted Company”) lent KRW 54,000,000 to the Defendant at an annual interest rate of 18%. On March 8, 2017, the Plaintiff transferred the said loan claim to the Defendant and notified the Defendant of the transfer.
Accordingly, the Plaintiff claims against the Defendant for payment of the principal and interest of KRW 56,983,704 as well as damages for delay of KRW 2,054 as principal.
2. Determination:
A. We examine ex officio the lawfulness of the instant lawsuit.
In full view of the provisions of Articles 603(1), (3) and (4), and 621(2) of the Debtor Rehabilitation and Bankruptcy Act, where any 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 after the commencement of the individual rehabilitation procedure, any claim is confirmed according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors; when a decision on discontinuation of individual rehabilitation procedures is confirmed, any individual rehabilitation creditor may perform compulsory execution on the basis of the list of individual rehabilitation creditors;
Therefore, if the period for objection against the claim stated in the table of individual rehabilitation creditors is exceeded, regardless of whether the individual rehabilitation procedure is discontinued, the creditor shall be deemed to have the same effect as the final and conclusive judgment in favor of the debtor regarding the amount of the claim. In such a case, the creditor has no interest in the lawsuit against the debtor to file a separate performance suit against
B. According to the overall purport of evidence Nos. 1 and 3 as to the instant case, the Defendant filed an application for individual rehabilitation with the Seoul Rehabilitation Court No. 2014da215805, Apr. 3, 2015.