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(영문) 제주지방법원 2018.10.04 2018가단5583

대여금

Text

1. The lawsuit against the defendant B shall be dismissed;

2. Defendant C shall pay to the Plaintiff KRW 52,00,000 and its amount from April 2, 2009.

Reasons

1. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in cases where a creditor 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 an application for a final judgment on an individual rehabilitation claim inspection is rejected, a claim is finalized according to 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 individual rehabilitation creditors, and thus, there is no benefit in a lawsuit

B. According to the following facts, there is no dispute between the parties, or upon which Eul’s evidence Nos. 1 and 2 is acknowledged by comprehensively taking account of the overall purport of the pleadings, the claim against the defendant B among the claims in this case is already determined and thus, there is no interest in the lawsuit because it seeks the implementation of individual rehabilitation claims as indicated in

1) On August 8, 2017, Defendant B filed an application for individual rehabilitation with Jeju District Court 2017Da3677, and received a decision on commencing the rehabilitation procedure from the said court. (2) Defendant B included the Plaintiff’s loan claims against the Defendant B in the list of creditors submitted by Defendant B at the time of the said application for rehabilitation.

3) As to the entry in the above list of creditors, the Plaintiff did not file an application for a final judgment on an individual rehabilitation claim inspection within the objection period. (4) Accordingly, the Plaintiff’s above loan claims against the Defendant were confirmed as they are and entered in the list of individual rehabilitation creditors. The Defendant was determined to authorize the repayment plan by the above court on March 8, 2018

C. Therefore, the claim against Defendant B is unlawful and thus dismissed.

2. Determination as to the claim against Defendant C

A. In the absence of dispute, loans No. 2008 Ghana3984 between the Plaintiff and the Defendant C