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(영문) 전주지방법원 2020.05.26 2019가단8872
대여금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The facts of recognition are as follows: ① The Plaintiff’s loan principal and interest on the Defendant’s loan (the claim in this case) (20,000,000 won for the loan on October 10, 2016 and remaining 326,456 won for the loan as of October 6, 2017 (2) as of May 24, 2017; ② The loan KRW 40,000,000 for the loan; partial repayment of principal and interest on May 24, 202; the remaining principal and interest on the loan; KRW 27,270,000 for the loan; and KRW 417,80 for the interest and delay damages; and the Defendant’s individual rehabilitation claim as of March 13, 2019; and the Defendant’s individual rehabilitation claim as of March 24, 2019-1; the Defendant’s individual rehabilitation claim as of March 19, 2019; and the Defendant’s individual rehabilitation claim order as of this case

2. The instant claim, ex officio, was confirmed in accordance with the list of individual rehabilitation creditors, which commenced against the Defendant after the instant lawsuit was brought against the Defendant.

As such, entry on the list of individual rehabilitation creditors shall become final and conclusive, and entry on the list of individual rehabilitation creditors shall have the same effect as the final and conclusive judgment, and even if individual rehabilitation procedures are discontinued, compulsory execution may be conducted

The plaintiff no longer has the interest in filing a lawsuit to seek the payment of the claim of this case, which is an individual rehabilitation claim listed in the list of creditors of individual rehabilitation procedures.

(See Supreme Court Decision 2019Da243420, Mar. 2, 2020). Therefore, the instant lawsuit is dismissed as unlawful.

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