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(영문) 대구지방법원 포항지원 2017.01.10 2016가단8556
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Determination ex officio as to the legitimacy of the instant lawsuit

A. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period under Article 596(2)1 of the same Act, or where an application for a final judgment on an individual rehabilitation claim inspection is rejected, the claim is finalized as stated in the list of individual rehabilitation creditors (paragraph (1)), and a junior administrative officer, etc. shall prepare the list of individual rehabilitation creditors (Paragraph (2) when the claim is confirmed pursuant to paragraph (1) and where the confirmed individual rehabilitation claim is entered in the list

(3) Meanwhile, pursuant to Article 604 of the above Act, any individual rehabilitation creditor who has an objection to the contents of the list of individual rehabilitation creditors may file an objection in writing within the objection period provided for in Article 596(2)1 (Article 596(1)). In a case where there is an objection against any right that has been pending in a lawsuit at the time the individual rehabilitation procedures commence, a separate application for a judgment in claim allowance proceedings may not be filed, and the content of the pending lawsuit shall be changed to

(2) In light of the purport of the above provision, when any creditor who has been recorded in the list of individual rehabilitation creditors has an objection to the content thereof, it shall be deemed that the final judgment on the individual rehabilitation claim is filed within the objection period, or that the claim is confirmed according to the list of individual rehabilitation creditors. If the claim indicated in the list of individual rehabilitation creditors is confirmed as is, then the lawsuit that has already been pending shall be deemed as having no interest in maintaining the lawsuit.

Where confirmed individual rehabilitation claims are entered in the table of individual rehabilitation creditors, such claims shall be entered.

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