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1. The plaintiff's request shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the purport of each of the statements and arguments stated in Gap evidence Nos. 1 through 4, the fact that the plaintiff remitted KRW 100 million to the defendant on November 29, 2013, and the defendant agreed to fully return KRW 100 million where interest is overdue on at least two occasions each month, and where interest is overdue, it is acknowledged that the defendant did not delay on at least two occasions.
Meanwhile, according to the purport of the evidence No. 5-1, No. 5-2 and the entire pleadings, the list of individual rehabilitation creditors was prepared on August 5, 2014 (on August 4, 2014, the date of calculation of the present amount of claims) (the date of calculation of the present amount of claims) and the list No. 5, the Plaintiff’s claim against the Defendant was stated, and the decision to commence individual rehabilitation procedures was made on October 15, 2014, and the repayment plan was approved on January 10, 2015.
2. According to the above facts of recognition as to the legitimacy of the lawsuit, the decision to commence the rehabilitation procedure against the defendant was made after the request for the payment order of this case was made, and the plaintiff's loan claims against the defendant were stated in the list of creditors submitted in the individual rehabilitation procedure.
Thus, in the above individual rehabilitation procedure, the rights of this case were finalized.
Therefore, the lawsuit in this case is unlawful as there is no benefit of lawsuit.
3. The plaintiff's claim of this case is unlawful and dismissed.