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(영문) 수원지방법원성남지원 2015.11.06 2015가단204570
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in a case 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 an application for a final judgment on an individual rehabilitation claim is 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 individual rehabilitation creditors. Therefore, there

According to the records of this case, ① the defendant filed an application for individual rehabilitation with Suwon District Court 2007Da14354 and issued a decision to commence individual rehabilitation procedures on March 27, 2007, ② the defendant filed a report with the creditor’s list of individual rehabilitation creditors on March 27, 2007; ② the creditor filed a report with the creditor’s list of individual rehabilitation creditors on the claim of this case; ③ the claim of this case was confirmed as is and entered in the list of individual rehabilitation creditors; ③ the above court decided to authorize the repayment plan on September 4, 2007; ③ the above decision became final and conclusive around that time; ④ the decision to grant immunity on the above case was confirmed on June 28, 2012; ④ the plaintiff filed the lawsuit of this case on November 10, 2014; and ultimately, the plaintiff filed the lawsuit of this case on February 3, 2015.

In this regard, the Plaintiff asserted that the claim based on the loan certificate (Evidence A No. 2) sought by the Plaintiff is a new claim arising out of rehabilitation claims, but the Plaintiff did not lend the new amount to the obligee without lending it.

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