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Reasons
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(영문) 서울고등법원 2016.11.30 2014나2021937
대여금
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act regarding the legality of the lawsuit in this case, where a creditor who has been entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on the final judgment on the final judgment on the final judgment on the individual rehabilitation procedures within the objection period under Article 596 (2) 1 of the same Act, or where an application for a final judgment on the final judgment on the individual rehabilitation procedures is rejected, the claim is confirmed according to the list of the list of individual rehabilitation creditors (paragraph (1)), and a junior administrative officer, etc. shall prepare the list of individual rehabilitation creditors when a claim under paragraph

(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 recorded in the list of individual rehabilitation creditors is confirmed as it is, it shall be deemed that there is no benefit to maintain the lawsuit any longer.

In this case, the Plaintiff sought payment of the instant loan claims against the Defendant on August 7, 2013.

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