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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio, we examine the legitimacy of the instant lawsuit.
Article 255 (1) of the Debtor Rehabilitation and Bankruptcy Act provides that the entry of rehabilitation creditors in the list of rehabilitation creditors shall have the same effect as a final and conclusive judgment at the time when the rehabilitation plan approval order becomes final and conclusive, and Articles 292 and 293 of the same Act provide that, even if the rehabilitation procedure discontinuation decision becomes final and conclusive, compulsory execution based on the entry in the list of creditors shall not only
According to the records, the defendant filed for individual rehabilitation on March 30, 2012 and initiated rehabilitation procedures as Seoul Central District Court 2012 Congress 48704. The plaintiff participated in the above rehabilitation procedures, and on September 20, 2007, 230,000 won was determined as interest rate of 12% per annum, interest rate of 25% per annum, interest rate of 25% per annum, and interest rate of 30,000 won as of September 9, 2012, the defendant filed a lawsuit against the defendant as to the total amount of KRW 99,60,000 as of March 8, 2012. According to the above rehabilitation plan approved by the plaintiff, the plaintiff's claim against the defendant as of March 9, 209, 93,00 won was recorded in the creditor list without objection under the rehabilitation procedure, and the plaintiff's claim against the defendant as of April 25, 2012 to 306, 20078.
Thus, the lawsuit of this case is unlawful because there is no benefit of lawsuit, and it is not possible to correct the defect, and it is so decided as per Disposition without pleading pursuant to Article 219 of the Civil Procedure Act.