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(영문) 서울중앙지방법원 2019.04.30 2018가단5185902
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not.

Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in cases 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 within the objection period or has been rejected, a claim is confirmed as stated in the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors. Therefore, there is no benefit in a lawsuit to file

According to the purport of the argument, it is recognized that the Defendant received a decision to commence rehabilitation procedures in the Suwon District Court case No. 2018, Nov. 14, 2018, 2018; the Plaintiff stated a claim against the Defendant seeking the instant lawsuit in the list of individual rehabilitation creditors; the Plaintiff’s claim is confirmed in the list of individual rehabilitation creditors; and further, the decision to authorize the repayment plan on Mar. 15, 2019.

Therefore, the plaintiff's lawsuit against the defendant is confirmed and confirmed, and there is no benefit in the lawsuit because it seeks the performance of individual rehabilitation claims listed in the table of individual rehabilitation creditors.

2. In conclusion, the Plaintiff’s lawsuit of this case is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.

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