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(영문) 수원지방법원 2015.04.30 2014가단59558
구상금 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff, in order to secure the defendant's obligation to the defendant's military arms and credit cooperatives, set up a collateral on each real estate listed in the separate sheet, which is owned by B, and the plaintiff acquired the ownership of each of the above real estate from B. Since the above collateral security was implemented by the military arms and credit cooperatives, and the above collateral security was lost by the ownership of each of the above real estate, the provisions of Articles 370 and 341 of the Civil Act apply mutatis mutandis to the defendant, asserting that the defendant has the right to indemnity against the defendant, and claimed against the defendant for the payment of the money described in the claim and the damages for delay.

However, with respect to the debtor, any property claim arising prior to the commencement of individual rehabilitation procedures shall constitute individual rehabilitation claims ("Act").

(1) Article 581(1) of the Act provides that where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for final judgment on an individual rehabilitation claim inspection within the objection period, or where such application has been rejected, the individual rehabilitation claim is confirmed as stated in the list of individual rehabilitation creditors (Article 603(1) of the Act), and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, the entry of such individual rehabilitation claim in the list of individual rehabilitation creditors has the same effect as a final and conclusive judgment on all individual rehabilitation creditors (Article 603(3) of the Act).

According to the records of this case, the defendant filed an application for individual rehabilitation with the Jeonju District Court 2014da5583 and received the decision to commence individual rehabilitation from the above court around October 17, 2014. The plaintiff's claims stated in the list of individual rehabilitation creditors prepared in the above individual rehabilitation procedure are stated as individual rehabilitation claims in the list of individual rehabilitation creditors, and thereafter.

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