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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties’ assertion
A. The plaintiff's assertion 1) The summary of Section 1 is that the plaintiff borrowed 20 million won from the defendant and borrowed 20 million won from the defendant, and the above right is "the loan claim of this case" or "the debt of this case".
In order to carry out the Promissory Notes No. B, the amount of face value 20 million won and the issuer shall be the Plaintiff and the due date shall be September 26, 2009 (hereinafter “instant Promissory Notes”).
The Plaintiff issued and delivered a rehabilitation application to the Defendant on September 22, 2009 (hereinafter “instant rehabilitation procedure”). After the Plaintiff was out of the financial crisis, the Plaintiff filed a rehabilitation application with the Incheon District Court Decision 2009hap23 (hereinafter “instant rehabilitation application”).
(2) While the Plaintiff entered the Plaintiff’s loan claims in the list of rehabilitation creditors, the Plaintiff’s loan claims were written in the list of rehabilitation creditors. In short of the Defendant’s continued collection, the Plaintiff paid KRW 20 million to the Defendant via C, which is the Plaintiff’s employee, and recovered the Promissory Notes. Therefore, compulsory execution based on the Table of Rehabilitation Creditors of Incheon District Court 2009 Gohap23 against the Plaintiff ought to be denied. (2) The Plaintiff’s loan claims against the Defendant in the instant list of rehabilitation creditors were subject to reduction of KRW 7,40,000 from the rehabilitation procedure of this case to KRW 12,60,000, as such, compulsory execution based on the said list of creditors should not be recognized.
B. The defendant's summary of the defendant's assertion is to return the Promissory Notes to C, who is the plaintiff's employee, but this is not because all of the loans have been paid, but because it is not because public officials in charge of rehabilitation affairs and C, etc. enter in the list of rehabilitation creditors, it is meaningful to hear the explanation that the rights are recognized and return the Promissory Notes.
However, since the plaintiff did not fully repay the loan debt of this case, the plaintiff's claim of this case should be dismissed.
2. Determination.