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(영문) 서울중앙지방법원 2020.06.17 2019가단5242413
시설비잔금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

According to Article 603(1)1, (3), and (4) 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 after the commencement of individual rehabilitation procedures, any claim is finalized according to the list of individual rehabilitation creditors; and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, the entry in the list of individual rehabilitation creditors has the same effect as a final judgment on all of the individual rehabilitation creditors; thus, there is no interest in filing a lawsuit for performance of individual rehabilitation claims entered in the list of individual rehabilitation creditors separately, and there is no interest in filing a lawsuit

In full view of the facts revealed in this court and the overall purport of the evidence presented in this court, the defendant applied for individual rehabilitation on January 10, 2019 by the Seoul Rehabilitation Court 2019da1002458 and applied for the commencement of individual rehabilitation procedure from the above court on May 13, 2019, and entered a claim seeking confirmation as stated in the list of individual rehabilitation creditors submitted by the defendant in the above individual rehabilitation procedure in the list of individual rehabilitation creditors, and the claims recorded therein are confirmed as they are because the plaintiff did not file an application for final judgment on final judgment on individual rehabilitation claims within the objection period ( June 24, 2019). The fact that the list of individual rehabilitation creditors stating the plaintiff's claims is confirmed and the decision to authorize the above court's repayment plan was made on October 10, 2019, and the plaintiff filed a lawsuit seeking the performance of the claims stated in the claim in this case, but filed an application for change on October 11, 2019.

Thus, the lawsuit of this case is already finalized.

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