대여금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 24, 2015, the Plaintiff filed a claim for the payment of the amount indicated in the purport of the Gu that was unpaid, even if the Plaintiff loaned KRW 100 million to the Defendant.
2. However, the Plaintiff is the Plaintiff that the Defendant filed an application for individual rehabilitation with the Cheongju District Court for the commencement of individual rehabilitation procedures and the Plaintiff filed a claim for the instant lawsuit constitutes rehabilitation claims and reported as rehabilitation claims.
In such a case, a separate claim for performance cannot be filed.
Where a lawsuit is filed before commencement of individual rehabilitation procedures, it is not possible to file a claim for performance under the Acts and subordinate statutes, and where a lawsuit is filed before individual rehabilitation procedures commence, the claim shall be changed
(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). However, in the instant case, the Plaintiff’s claim is not disputed, and it is not likely that there was no objection against the Plaintiff’s claim within the objection period in the individual rehabilitation procedure.
- There is no benefit to seek confirmation of individual rehabilitation claims even if they fall under the latter.
The plaintiff's lawsuit of this case is unlawful.
3. Therefore, the instant lawsuit is dismissed.