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(영문) 서울중앙지방법원 2019.06.11 2017가단1590
양수금
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.

Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in cases where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim within the objection period or has been rejected, a claim is confirmed as stated in the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors. Therefore, there is no benefit in a lawsuit to file

According to the purport of the entirety of the pleadings, it is recognized that the Defendant was subject to the decision to commence individual rehabilitation procedures in the Seoul Rehabilitation Court case No. 2016da47860 on February 16, 2017, the Plaintiff entered claims against the Defendant seeking the instant lawsuit in the list of individual rehabilitation creditors, the list of individual rehabilitation creditors stating the Plaintiff’s claims, and the decision to authorize the repayment plan on November 21, 2017 is confirmed.

Therefore, the plaintiff's lawsuit against the defendant is confirmed and confirmed, and there is no benefit in the lawsuit because it seeks the performance of individual rehabilitation claims listed in the table of individual rehabilitation creditors.

Therefore, the plaintiff's lawsuit of this case is unlawful and thus it is decided as per Disposition.

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