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Reasons
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(영문) 수원지방법원 2019.05.31 2018나71458
손해배상(기)
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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. Determination ex officio as to the legitimacy of the instant lawsuit

A. According to the relevant legal principles and the Debtor Rehabilitation and Bankruptcy Act, where a 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 final judgment on a rehabilitation claim is rejected, a claim is confirmed as stated in the list of individual rehabilitation creditors (Article 603(1)), and a junior administrative officer, etc., when a claim is confirmed pursuant to the provisions of paragraph (1), shall prepare the list of individual rehabilitation creditors (Article

(3) On the other hand, any individual rehabilitation creditor who has an objection to the contents of the list of individual rehabilitation creditors may raise an objection in writing within the objection period provided for in the provisions of Article 596(2)1 (Article 604(1)), and, if he/she has an objection to any right that has been pending in a lawsuit at the time of commencing the individual rehabilitation procedure, he/she may not file a separate application for a judgment in claim allowance proceedings, and shall revise the contents of the lawsuit that has already been pending to the

(2) In light of the purport of the aforementioned provision, if any creditor who is recorded in the list of individual rehabilitation creditors has an objection to the content thereof, it shall be deemed that the application for a final judgment on the individual rehabilitation claim is filed within the objection period, or that the claim is confirmed as recorded in the list of individual rehabilitation creditors, and 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 that is pending in the list of individual rehabilitation creditors.

B. In light of the above legal principles, the judgment is deemed to be valid.

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