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(영문) 울산지방법원 2021.02.02 2020가단118093
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion is as shown in the ground for the claim attached hereto.

2. We examine ex officio the lawfulness of the instant lawsuit.

A. Basic facts 1) On May 23, 2014, the Defendant filed an application for individual rehabilitation (hereinafter the above individual rehabilitation) with the 11509 individual rehabilitation (hereinafter the above individual rehabilitation) of this Court 2014 Court, and received a decision to commence individual rehabilitation procedures on September 11, 2014.

2) The loan claims claimed by the Plaintiff in the instant lawsuit were entered in the creditors’ list in the instant individual rehabilitation procedure, and a decision was made on January 8, 2015 to authorize the repayment plan of the instant court.

3) After that, this Court rendered a decision to discontinue individual rehabilitation procedures on May 16, 2016, at the request of the rehabilitation creditor.

[Grounds for Recognition] The substantial fact in this Court

B. The provisions of Article 293 (Provisions 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the above Act) (Article 255 (2) shall apply mutatis mutandis to the case where the ruling of abolition of the rehabilitation procedure pursuant to the provisions of Article 288 (1) becomes final and conclusive.

2) A person who holds a right under Article 255 (Effect of Entry, etc. in Tables of Creditors) (1) and 255 (1) (the right under Article 255 (1)), and whose content is a claim for monetary payment, may, after completion of the rehabilitation procedure, enforce compulsory execution against the debtor in accordance with the list of creditors.

(3) Article 288(1) of the Act provides that “When it becomes evident that it is impossible to implement the rehabilitation plan after the authorization is granted for the rehabilitation plan, the court shall decide to discontinue the rehabilitation procedure upon the request of the rehabilitation creditors entered in the list or reported, or ex officio.

“4) Article 255(1) of the Act provides that “The entry of the list of creditors of rehabilitation regarding rights recognized pursuant to the rehabilitation plan based on the rehabilitation claim shall have the same effect as a final and conclusive judgment on the debtor and the rehabilitation creditor at the time a decision to authorize the rehabilitation plan becomes final and conclusive.”

“”

C. As seen above, each of the above provisions of the law is stipulated.

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