물품대금
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. The plaintiff, on March 10, 200, lent KRW 10,000 to the defendant on March 10, 2009. The defendant asserted that he did not pay KRW 5,100,000 among them, and claimed KRW 5,100,000 and damages for delay thereof. The defendant asserted that the decision to authorize the repayment plan was confirmed upon the decision to commence individual rehabilitation, and thus, the defendant cannot accept the plaintiff's claim.
Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in cases where a creditor who is 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, or such application is rejected, a claim is confirmed in accordance with the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors, and thus, there is no benefit
In full view of the purport of the entire pleadings in the statement in the evidence No. 1, the Defendant filed an application for individual rehabilitation with the Daegu District Court 2013 Ma46308 and filed a decision to commence individual rehabilitation procedures on September 16, 2013. The Defendant filed a report with the list of individual rehabilitation creditors on September 16, 2013. The Defendant filed a report with the list of individual rehabilitation creditors of the instant claim sought by the Plaintiff, and the Plaintiff did not raise any objection, and the claim was confirmed as it is and entered in the list of individual rehabilitation creditors, and on June 9, 2013, the court issued a decision to authorize the repayment plan, and then recognized the fact that the said decision became final and conclusive around that time. Accordingly, the Plaintiff’s lawsuit in this case is
2. The instant lawsuit is unlawful and thus dismissed.