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(영문) 광주지방법원순천지원 2015.12.02 2015가단15348
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.

According to the Debtor Rehabilitation and Bankruptcy Act, in cases 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 final judgment on an individual rehabilitation claim within the objection period, or is dismissed an application for a final judgment on a final judgment on a final judgment on a final judgment on a final judgment on an individual rehabilitation creditor, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry has the same effect as a final and conclusive judgment on all of the individual rehabilitation creditors (Article 603(3)), and when a decision on discontinuation of individual rehabilitation procedures is confirmed, an individual rehabilitation creditor may perform compulsory execution on the basis of the list of individual rehabilitation creditors (Article 603(4)

In light of the records of this case, on August 31, 2015, the Plaintiff filed an application for the instant payment order against the Defendant for the payment of the principal and interest of loan, the Defendant filed an application for individual rehabilitation with the Gwangju District Court 2015da15771. The above court rendered a decision to commence individual rehabilitation against the Defendant on September 8, 2015. The Defendant filed a report on the individual rehabilitation procedure against the Defendant on September 8, 2015, stating the above claim that the Plaintiff seeks payment in the list of individual rehabilitation creditors, and the Defendant filed a report on the list of individual rehabilitation creditors with the claim that the Plaintiff seeks payment in this case. The Plaintiff failed to raise an objection, which became final and conclusive as is, and entered in the list of individual rehabilitation creditors; ③ The rehabilitation court thereafter decided to authorize the repayment plan on November 9, 2

Thus, the lawsuit of this case filed by the plaintiff is seeking the performance of the confirmed individual rehabilitation claims recorded in the table of individual rehabilitation creditors and thus there is no benefit in the lawsuit

The plaintiff is an authorized repayment plan.

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