사해행위취소 등
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. On March 24, 2016, including the Plaintiff’s loan and commencement of individual rehabilitation procedures against the Defendant, the Plaintiff loaned KRW 30,000,000 to the Defendant at interest rate of 6.43% per annum and at interest rate of 15% per annum. As of August 1, 2016, the principal amount was KRW 29,986,270 per annum.
(hereinafter “instant claim”). After that, on August 3, 2016, the Defendant stated the instant claim, etc. in the list of individual rehabilitation creditors at the time of filing an application for individual rehabilitation with the Jeonju District Court 2016 Ma16853, and on March 7, 2017, the individual rehabilitation procedure commenced against the Defendant and on April 27, 2017, the objection period against the individual rehabilitation claim is an objection period as to the existence and content of the claim for the confirmation of the individual rehabilitation claim. The Defendant’s active property as claimed by the Plaintiff is merely an objection against the draft repayment plan.
By doing so, individual rehabilitation claims are confirmed according to the list of individual rehabilitation creditors, and the repayment plan was approved on October 24, 2017.
On the other hand, on October 24, 2016, the Plaintiff filed the instant lawsuit against the Defendant seeking the payment of the instant claim.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5-1 to 4, the purport of the whole pleadings
2. We examine ex officio the legality of the instant lawsuit.
According to the above recognition, the claim of this case was confirmed in accordance with the list of individual rehabilitation creditors in the individual rehabilitation procedure that commenced after the lawsuit of this case was filed against the defendant.
As such, entry on the list of individual rehabilitation creditors shall become final and conclusive, and entry on the list of individual rehabilitation creditors shall have the same effect as the final and conclusive judgment, and even if individual rehabilitation procedures are discontinued, compulsory execution may
(Article 603(3) and (4) of the Debtor Rehabilitation and Bankruptcy Act. Thus, the plaintiff is an individual rehabilitation claim listed in the list of creditors of the individual rehabilitation procedure.