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(영문) 인천지방법원부천지원 2015.06.18 2015가단856
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Any property claim that accrues before the commencement of rehabilitation procedures for the debtor constitutes a rehabilitation claim (Article 118 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act; hereinafter referred to as the "Act"), and any rehabilitation creditor who intends to participate in the rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court.

(Article 148 of the Act). In addition, when a decision to authorize the rehabilitation plan becomes final and conclusive, any entry in the table of rehabilitation creditors of rights recognized by the rehabilitation plan on the basis of the rehabilitation claim has the same effect as a final and conclusive judgment on the debtor and rehabilitation creditors, etc. (Article 255(1) of the Act), and the entry above is deemed an executory power and any rehabilitation creditor

(2) (Article 255(2) of the Act). In addition, when a decision to grant authorization for rehabilitation claims has been rendered, it is unlawful for a rehabilitation creditor to file a lawsuit on the grounds that he/she loses the power to file a lawsuit for which he/she is normally responsible for discharge, except for the rights recognized by the rehabilitation plan or by the law

According to the overall purport of the statements and arguments as to the instant case, the Defendant filed an application for individual rehabilitation with the Incheon District Court 2013da52916 on May 20, 2013, and obtained the decision to commence individual rehabilitation procedure from the said court. The list of individual rehabilitation creditors prepared in the above individual rehabilitation procedure contains the claims stated in the Plaintiff’s purport, and the Defendant received the decision to authorize the repayment plan on April 16, 2014.

According to this, the plaintiff's claim stated in the claim shall be deemed to have been confirmed as it is as stated in the list of creditors of the rehabilitation case. Thus, the plaintiff lost the benefit to be sought by lawsuit.

Then, the plaintiff.

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