양수금등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts as the cause of the claim of this case as shown in the attached Form. The plaintiff's judgment on the legitimacy of the lawsuit of this case is examined.
According to Article 603(1)1, (3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, where a creditor who has entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the fixed objection period, a claim is confirmed as stated in the list of individual rehabilitation creditors, and where such confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as
Comprehensively taking account of the respective descriptions and the purport of the evidence Nos. 1 and 2, the Defendant applied for individual rehabilitation by the Incheon District Court 2013 Ma31711 and received a decision to authorize the repayment plan from the above court on February 6, 2014. The Plaintiff’s claims are recognized as being entered in the table of individual rehabilitation creditors (number 10 to 12) of the above individual rehabilitation case.
According to the above facts, the plaintiff can enforce compulsory execution against the defendant on the basis of the above list of individual rehabilitation creditors. Thus, there is no benefit in protecting the right to file a lawsuit claiming the payment of the claim of this case against the defendant separately.
Thus, the lawsuit of this case is unlawful and dismissed.