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(영문) 서울남부지방법원 2020.03.18 2019가단255748
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 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

Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1, the plaintiff loaned KRW 84,535,804 to the defendant from October 28, 2014 to April 2016. Meanwhile, the defendant was decided to commence individual rehabilitation proceedings on April 25, 2017 in Suwon District Court 2016Da85556, and the above list of individual rehabilitation creditors stated a loan claim against the defendant sought by the plaintiff as the lawsuit in this case, and the fact that the list of individual rehabilitation creditors stating the plaintiff's claim is confirmed and the repayment plan was decided to authorize the repayment plan on December 21, 2017.

Therefore, the plaintiff's lawsuit of this case is already confirmed and thus, there is no interest in the lawsuit, and it is so decided as per Disposition by the assent of all participating Justices.

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