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(영문) 인천지방법원 2015.05.13 2014가단73076

대여금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Between the Plaintiff and the Defendant, cash custody or loan certificates were prepared as follows:

① Cash storage certificate for KRW 13,00,000 on May 29, 2012 (2) Cash storage certificate for KRW 5,000,000 on June 5, 2012 (3) The loan certificate for KRW 7,000,000 on August 30, 2012

B. Around July 3, 2014, the Defendant drafted and delivered to the Plaintiff a letter of intent to repay the debt borrowed to the Plaintiff by July 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Debtor Rehabilitation and Bankruptcy Act with respect to the legitimacy of a lawsuit in this case, where any creditor, who has been recorded in the list of individual rehabilitation creditors, fails to file an application for a final judgment on the final judgment on the final judgment on the final judgment on the final judgment on the individual rehabilitation creditor within the objection period under Article 596(2)1, or an application for a final judgment on the final judgment on the final judgment on the individual rehabilitation creditor is rejected, the claims are finalized as stated in the list of individual rehabilitation creditors (Article 603(1)). On the other hand, any individual rehabilitation creditor, who has an objection to the contents of the list of individual rehabilitation creditors, may file an objection within the objection period under Article 596(2)1 (Article 604(1)). In a case where

(Article 604(2) provides that a creditor recorded in the list of individual rehabilitation creditors shall be deemed to have confirmed a claim according to the list of individual rehabilitation creditors if he/she files an application for a final judgment on an individual rehabilitation claim inspection within the objection period or changes it into a lawsuit for final judgment on an individual rehabilitation claim inspection. Therefore, it is reasonable to deem that there is no benefit in dispute

However, in this case, the plaintiff is the defendant on August 27, 2014.