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(영문) 서울중앙지방법원 2016.08.11 2015가단200904
대여금등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff loaned KRW 5 million to the Defendant, KRW 36 million on September 22, 201, and KRW 36 million on November 15, 2012, and KRW 30 million on August 8, 2013, and thus, the Plaintiff sought payment of the amount stated in the purport of the claim with the principal and interest of each of the above loans.

2. Where any creditor who has entered in the list of individual rehabilitation creditors fails to file an application for the final judgment on an individual rehabilitation claim inspection within the objection period prescribed by the court, the claim shall be confirmed in accordance with 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

In the case of personal rehabilitation involving the Plaintiff’s loan claim, the Seoul Central District Court 2015da8802, the fact that the Plaintiff failed to apply for a final judgment on the final judgment on an individual rehabilitation claim within the prescribed objection period and that the said claim is confirmed as is and recorded in the table of individual rehabilitation creditors

Thus, the lawsuit of this case is already seeking the performance of the credit confirmed in the table of individual rehabilitation creditors, and there is no benefit in the lawsuit.

3. Accordingly, the instant lawsuit is dismissed as it is unlawful.

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