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(영문) 대구지방법원 2017.09.07 2017나300761
대여금 등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

According to Article 603 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 a final judgment on a rehabilitation claim within the objection period under Article 596 (2) 1 of the same Act, or where an application for a final judgment on a final judgment on a final judgment on a rehabilitation claim is rejected, a claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)), and a junior administrative officer, etc. shall prepare the list of individual rehabilitation creditors when the claim under paragraph (1) is confirmed (paragraph (2)),

(3) On the other hand, pursuant to Article 604 of the same 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 under Article 596(2)1 (Article 596(2)1). (Article 596(1) of the same Act, if he/she has an objection against any right in a lawsuit pending at the time the individual rehabilitation procedures commence, he/she may not file a separate application for a judgment in claim allowance

(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 an 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, then the lawsuit that has already been pending is no benefit in maintaining the lawsuit.

Therefore, we can see the Dol, Nos. 1, 2, 2.

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