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(영문) 서울중앙지방법원 2016.03.30 2016나2849
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act regarding the lawfulness of a lawsuit in this case, where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period, or the application for a final judgment on an individual rehabilitation claim inspection is rejected, a claim is finalized as stated in the list of individual rehabilitation creditors (Paragraph 1), and where a final and conclusive 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 individual rehabilitation creditors (Paragraph 3), and when a decision on discontinuation of individual rehabilitation

(4) Article 603 of the Debtor Rehabilitation Act provides for the confirmation of individual rehabilitation claims and the effect of the list of individual rehabilitation creditors regardless of whether to authorize the repayment plan, if the individual rehabilitation procedures continue, the individual rehabilitation creditors may obtain reimbursement according to the repayment plan authorized in the individual rehabilitation procedures. Even if the individual rehabilitation procedures are discontinued, compulsory execution may be carried out according to the list of individual rehabilitation creditors.

Therefore, there is no benefit of lawsuit to file a performance suit separately for individual rehabilitation claims entered in the table of individual rehabilitation creditors.

On April 11, 2014, the Defendant filed an application for commencement of individual rehabilitation procedures with the Government District Court 2014 Ma24452, and entered in the list of individual rehabilitation creditors on October 14, 2014, and the Plaintiff filed an application for commencement of individual rehabilitation procedures, and entered in the list of individual rehabilitation creditors regarding transfer money claims filed by the Plaintiff in the instant lawsuit. The Plaintiff’s individual rehabilitation procedures against the Defendant were abolished on October 8, 2015 for reasons that the Plaintiff did not raise any objection within the objection period, and the fact that the decision for discontinuation became final and conclusive at that time is either disputed between the parties or recognized by the entry in the evidence A No. 5.

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