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(영문) 서울중앙지방법원 2019.04.19 2018가단5192498
구상금
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 main sentence of Article 600(1)3, Articles 603 and 604 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to commence individual rehabilitation procedures is rendered, the individual rehabilitation claims shall not be repaid or demanded to reimburse the individual rehabilitation claims that are entered in the list of individual rehabilitation creditors; and the confirmation of individual rehabilitation claims shall be based on an objection to the details of the list of individual rehabilitation creditors and the final judgment on the final judgment on the individual rehabilitation procedures, etc.; where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as the final judgment; when a decision to discontinue individual

In light of the contents of these regulations and the nature of individual rehabilitation procedures, which are collective debt settlement procedures, and the purport of the final judgment on an individual rehabilitation claim inspection, it is not allowed to file a lawsuit for performance based on individual rehabilitation claims entered in the list of individual rehabilitation creditors after the decision on

(See Supreme Court Decision 2013Da42878 Decided September 12, 2013). In this case, the Defendant received a decision to commence rehabilitation procedures in the Seoul Central District Court case No. 2013da247058, the Defendant entered a claim against the Defendant that the Plaintiff seeks by the lawsuit in this case in the list of individual rehabilitation creditors at the time, and the fact that the list of individual rehabilitation creditors with the Plaintiff’s claim is confirmed and the decision to authorize the repayment plan was made can be acknowledged by adding the whole purport of the pleadings to the statement of evidence No. 1, or that there is no dispute between the parties or the entire purport of the pleading. As such, it is not allowed to file a lawsuit against the Plaintiff on the basis of individual rehabilitation claims entered in the list of individual

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