beta
(영문) 서울중앙지방법원 2020.10.06 2019가단5153483

사용료

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

Article 603(1)1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “Where any creditor listed 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 under Article 596(2)1, the claim shall become final and conclusive in accordance with the list of individual rehabilitation creditors; and Article 603(3) of the same Act provides that “where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, the entry therein shall have the same effect as a final and conclusive judgment on all the individual rehabilitation creditors;” and Article 604(4) of the same Act provides that “when a decision to discontinue the individual rehabilitation procedures becomes final and conclusive, any individual rehabilitation creditor who is dissatisfied with the contents of the list of individual rehabilitation creditors may file an objection in writing within the objection period under Article 589-2(4) or 596(2)1, such individual rehabilitation creditor may amend the list of individual rehabilitation creditors after obtaining permission from the court.” In this case, the court may not separately amend the final and conclusive judgment.”

On December 3, 2019, the Defendant filed an application for individual rehabilitation with the Daegu District Court 2019 Congress 231122, which had been pending the instant lawsuit. On April 29, 2020, the said court decided to commence individual rehabilitation proceedings with respect to the said individual rehabilitation case, and the Plaintiff filed a lawsuit with the list of individual rehabilitation creditors (hereinafter “list of individual rehabilitation creditors”).