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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional determination as to the defendant's additional assertion (the assertion of the existence of the main and main defense and the interest agreement). Thus, it is acceptable in accordance with the main sentence of Article 4
2. Judgment on the main defense of this case
A. On November 29, 2013, the Plaintiff asserted that the instant lawsuit was pending, and was decided to commence the rehabilitation procedure as the Chuncheon District Court 2013 Ma222.
In such cases, pursuant to Articles 174(2) and (3) and 170(2) of the Debtor Rehabilitation and Bankruptcy Act, the Plaintiff, who is an objection to a claim based on the instant notarial deed with executory title, shall take over the litigation procedures against the Defendant, who is a rehabilitation creditor, within one month from the end of the investigation period pursuant to Articles 174(2) and (3) and 170(2) of the same Act, and otherwise, if not, the Plaintiff appears to have recognized a claim based on the instant notarial deed pursuant to Article 174(
However, since the Plaintiff did not file a motion to resume the proceedings in this case after the order to commence the rehabilitation was rendered, the Plaintiff’s objection to the claim reported by the Defendant is deemed not to have existed pursuant to Article 174(4) of the Debtor Rehabilitation Act, and the claim based on the Notarial Deed reported by the Defendant was finally confirmed
As above, insofar as a claim based on the notarial deed of this case has already been confirmed as a rehabilitation claim, there is no benefit in legal action to seek the exclusion of the executory power of the notarial deed of this case.
B. When the decision to discontinue rehabilitation procedures becomes final and conclusive, entry in the table of rehabilitation creditors or the table of rehabilitation secured creditors on any confirmed rehabilitation claim or rehabilitation security right shall have the same effect as the final and conclusive judgment on the debtor, and any rehabilitation creditor or rehabilitation secured creditor shall