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(영문) 부산지방법원 2019.04.11 2018가단8855
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. As to the legitimacy of the instant lawsuit, the Plaintiff sought payment of KRW 42,00,000 for loans to the Defendant (i.e., 10,000,000 on February 1, 2006 as loans, KRW 5,000,000 on November 17, 2006, and damages for delay thereof (hereinafter “the instant claim”), and the Plaintiff’s claim against the Defendant for the payment of KRW 42,00,000 on November 23, 2007 (hereinafter “the instant claim”). It is ex officio examined as to the lawfulness of the instant lawsuit.

The Debtor Rehabilitation and Bankruptcy Act, where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on a final judgment on a final judgment on a rehabilitation claim within the objection period, or where an application for a final judgment on a final judgment on a final judgment on a final judgment on a rehabilitation claim is rejected, the claim is finalized as stated in the list of individual rehabilitation creditors (Article 603(1)), and where any confirmed individual rehabilitation claims are 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 individual rehabilitation creditors (Article 603(3)). Meanwhile,

(Article 604(2) provides that a creditor, who has been recorded in the list of individual rehabilitation creditors, fails to raise an objection within the objection period, or does not change the contents of a lawsuit that has been in progress into a lawsuit for the inspection of individual rehabilitation claims, the claim shall be confirmed according to the list of individual rehabilitation creditors. Therefore, it is reasonable to deem that there is no benefit in dispute over a claim that is identical to

In full view of the facts alleged in this Court and the purport of the entire pleadings, the Defendant obtained the decision to commence individual rehabilitation proceedings on January 16, 2019 in the Changwon District Court 2018Kawon District Court 11289, and the Defendant issued the list of individual rehabilitation creditors.

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