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(영문) 창원지방법원 2015.06.05 2015가단6541

구상금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

According to the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures is rendered, the individual rehabilitation claims shall not be repaid or demanded to reimburse the individual rehabilitation claims that are entered in the list of individual rehabilitation creditors; and the confirmation of individual rehabilitation claims shall be 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, etc.; 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; when a decision to discontinue individual

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 of the aforementioned Act excludes litigation in the act of suspension or prohibition by 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 it is not permissible to file

(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). In full view of the overall purport of the arguments in the evidence Nos. 1 and Nos. 2-1 through 3, the Defendant filed an application for individual rehabilitation on June 27, 2014 with the Changwon District Court 2014Da28426, Jun. 27, 2014; the said court rendered a decision to commence individual rehabilitation procedure on December 22, 2014 and to authorize the repayment plan on March 3, 2015; and the Plaintiff seeks in this case with the list of individual rehabilitation creditors of the said individual rehabilitation case.