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(영문) 부산지방법원 2020.06.30 2019가단1981
대여금
Text

1. The plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts are acknowledged according to the purport of Gap evidence Nos. 1 and 2 and the whole pleadings.

A. On December 15, 2014, A, on December 15, 2014, leased KRW 100 million to the Defendant at the maturity of payment on December 15, 2016 and at the interest rate of 12% per annum.

(hereinafter “instant loan claim”). B.

The Defendant received a decision to commence rehabilitation procedures by Changwon District Court 2018dan10029, and thereafter A reported the principal amount of the instant loan claim 100 million won on September 20, 2018 and interest KRW 2.9 million on the day immediately before the decision to commence rehabilitation as rehabilitation claims, and filed the instant lawsuit.

C. Of the claims reported by A, the Defendant recognized the time limit for KRW 97,210,959, and denied the remainder of KRW 31,789,041, and such result was recorded in the table of rehabilitation creditors on May 3, 2019.

A died on December 11, 2019, and the plaintiffs jointly inherited the deceased's property.

E. Of the instant loans, the Plaintiffs withdrawn the Defendant’s lawsuit on the portion exceeding KRW 97,210,959 as indicated in the Table of Rehabilitation Creditors, by taking the Defendant’s debt amount at the time.

2. According to the Debtor Rehabilitation and Bankruptcy Act, in cases where rehabilitation procedures commence, individual exercise of rehabilitation claims is prohibited. Therefore, rehabilitation creditors cannot immediately file a lawsuit without waiting for the entry of the list of creditors or the result of reporting the claims and examining the claims regarding the rehabilitation claims.

In addition, when there is no objection by any custodian or any rehabilitation creditor, etc. on the inspection date of the rehabilitation procedures or on the special inspection date, the reported rehabilitation claims are confirmed (Article 166), and when any rehabilitation claim confirmed as such is entered in the table of rehabilitation creditors, the entry of such confirmed rehabilitation claims in the table of rehabilitation creditors

(Article 168). However, the lawsuit of this case was filed after the decision to commence rehabilitation against the defendant and the report on rehabilitation claims was made, and the plaintiffs among the loan claims of this case.

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