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(영문) 서울중앙지방법원 2016.06.23 2015가단97054
리스대금
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. Defendant B: (a) KRW 45,320,776 on and against the Plaintiff, May 2015.

Reasons

1. Whether the lawsuit against the defendant A is lawful

A. The plaintiff sought payment of the obligation under a lease agreement, such as the statement in the grounds for the claim in the attached Form, against the defendant A. Therefore, we examine the legitimacy of the plaintiff's action against the defendant A ex officio.

B. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), where a creditor, who has been recorded in the list of individual rehabilitation creditors, fails to file an application for a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on a rehabilitation creditor within the objection period, or the application for a final judgment on a final judgment on a final judgment is dismissed, if the claim is confirmed as stated in the list of individual rehabilitation creditors (Paragraph 1), and if any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such

(4) Article 603 of the Debtor Rehabilitation Act provides for the confirmation of individual rehabilitation claims and the effect of the list of individual rehabilitation creditors regardless of whether to authorize the repayment plan, if the individual rehabilitation procedures continue, the individual rehabilitation creditors may obtain reimbursement according to the repayment plan authorized in the individual rehabilitation procedures. Even if the individual rehabilitation procedures are discontinued, compulsory execution may be carried out according to the list of individual rehabilitation creditors.

Therefore, there is no benefit of lawsuit to file a performance suit separately for individual rehabilitation claims entered in the table of individual rehabilitation creditors.

C. In the instant case, Defendant A filed an application for commencement of individual rehabilitation procedures with Suwon District Court 2015 Ma46820 on April 10, 2015, and received the decision to commence individual rehabilitation procedures. Claims under the foregoing lease agreement claimed by the Plaintiff in the instant lawsuit were entered in the list of individual rehabilitation creditors of Defendant A, and the fact that the Plaintiff did not raise an objection within the objection period is nonexistent between the parties.

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