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(영문) 창원지방법원 2017.11.02 2017나2322
대여금
Text

1. The plaintiff's appeal is dismissed.

2. Upon receiving a claim added at the trial, the Defendant is KRW 6,364,160 and the Plaintiff.

Reasons

1. Basic facts

A. On April 18, 201, the Plaintiff lent 98,000,000 won to the Defendant without interest (hereinafter “instant loan”). On August 20, 2011, with respect to KRW 20,000,000 out of the said money, the maturity for payment shall be August 20, 201, with respect to KRW 20,000,000 on August 25, 201, and KRW 50,00,000 on August 25, 2011.

9.5. Each of them was set on 5.

B. On May 30, 201, the Defendant, as a payment in lieu of the instant loan, transferred Briet Contacs membership rights to the Plaintiff, and supplied the Plaintiff with knife C instruction equivalent to KRW 19,058,400 on June 22, 2011.

C. On June 28, 2011, the Defendant filed an application for rehabilitation with the Daegu District Court 201 Ma30, which was subject to the decision to commence rehabilitation on July 25, 201, and obtained the rehabilitation plan approval order on April 30, 2012. The Plaintiff did not report the instant loan claims as rehabilitation claims in the above rehabilitation case, and the Defendant did not enter them in the rehabilitation claim list, and the said rehabilitation procedure was completed on January 29, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 3, 5, 6, 8, 10 (including those with serial numbers) and the purport of the whole pleadings

2. Judgment as to the main claim

A. Although the loan claim of this case is a rehabilitation claim, the plaintiff did not report it as a rehabilitation claim in the defendant's rehabilitation procedure, and since the defendant was exempted from liability according to the decision of authorization of the rehabilitation plan against the defendant, the lawsuit of this case is unlawful as there is no benefit of protecting

B. Determination 1 on the ground of the instant safety resistance 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)

According to the above, any property claim that occurred prior to the commencement of rehabilitation procedures for the debtor constitutes a rehabilitation claim (Article 118), and any rehabilitation creditor who intends to participate in rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148, and any custodian shall be a rehabilitation creditor separate from the report of the rehabilitation creditor.

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