대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation of this case is as follows, except where the court stated the additional decision in this case in paragraph (2) below, and therefore, it is identical to the part of the judgment of the first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of
2. Additional matters to be determined
A. The plaintiff asserts that, according to the agreement with the deceased, the defendant has a duty to enter only the list of individual rehabilitation creditors of KRW 50 million out of KRW 1770 million among the loan claims against the deceased against the defendant in the individual rehabilitation procedure, and make reimbursement according to the repayment plan. Thus, the effect of immunity in the above individual rehabilitation procedure is limited to KRW 50 million among the above claims. Accordingly, the defendant is liable to pay to the plaintiff, who is the inheritor of the deceased, the amount of KRW 120 million deducting the above KRW 170 million from the amount of KRW 170 million which became effective (= KRW 170 million - KRW 50 million) and damages for delay.
B. Article 603(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) provides that 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, and where the application for a final judgment on an individual rehabilitation claim inspection is rejected, any claim shall be confirmed as stated in the list of individual rehabilitation creditors (Article 603(1)). In the event that any individual rehabilitation claim confirmed is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment on all of the individual rehabilitation creditors (Article 603(3)). In light of the foregoing legal provisions, any creditor who fails to file an application for a final judgment on an individual rehabilitation
No further separate performance action or confirmation action may be brought.
I would like.