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(영문) 인천지방법원부천지원 2015.10.21 2015가단21099
계금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On March 201, the Defendant organized and operated a 20-year number system equivalent to KRW 10 million for a total of 20-year number of 10,000 won for the Plaintiff et al. to be a senior policeman, etc. to pay KRW 500,000 for the first unit of each month by the senior policeman, and to be paid at the latest by adding the interest of KRW 100,000 for the first unit of one month.

B. The Plaintiff, as a member of the fraternity Nos. 19 and 20, paid the fraternity to the Defendant, but the Defendant did not pay 23.5 million won to the Plaintiff.

C. The Defendant is obligated to pay to the Plaintiff KRW 23.5 million and delay damages therefor.

2. We examine ex officio the legality of the instant lawsuit, ex officio, as to the determination on the legitimacy of the instant lawsuit.

According to the main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures is rendered, the individual rehabilitation claims shall not be repaid or demanded to reimburse the individual rehabilitation claims that are entered in the list of individual rehabilitation creditors; and the confirmation of individual rehabilitation claims shall be based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation procedures, etc.; where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment; when a decision to discontinue individual

In light of the contents of these regulations and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the purport of the final judgment on a final judgment on an individual rehabilitation procedure, even if the proviso of Article 600(1)3 excludes litigation from the act of suspension or prohibition by the decision on the commencement of individual rehabilitation procedures, this is the case where a lawsuit regarding individual rehabilitation claims that are entered in the list of individual rehabilitation creditors is already filed.

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