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(영문) 수원지방법원성남지원 2019.11.07 2016가합200954
예치금 반환 청구의 소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The plaintiffs asserted that they purchased golf membership from the defendant around 2010 and paid each admission fee (the plaintiff company 150,000,000, Plaintiff B170,000,000). The defendant demanded the return of the above admission fee to the defendant for five years after the deposit period, but the defendant did not comply with it. Thus, they seek the return of the above admission fee to the defendant.

2. According to Article 255(1) and (2) of the Debtor Rehabilitation and Bankruptcy Act, entry in the table of rehabilitation creditors or the table of rehabilitation secured creditors on any right recognized according to the rehabilitation plan based on any rehabilitation claim or any security right has the same effect as a final and conclusive judgment when a decision to authorize the rehabilitation plan becomes final and conclusive, and compulsory execution is possible after the rehabilitation procedure is

On September 15, 2017, the Defendant received a decision to commence rehabilitation procedures (2017 Gohap50012) from the Cheongju District Court on September 15, 2017; the Defendant entered KRW 150,000,000, and KRW 170,000, which was reported by the Plaintiff Company in the above procedure, in the list of rehabilitation creditors; the Cheongju District Court decided to authorize the above rehabilitation plan on August 20, 2018; the Defendant fully repaid each rehabilitation claim that has changed according to the approved rehabilitation plan to the Plaintiffs; and the Defendant may recognize the fact that the Defendant received a decision to terminate rehabilitation from the Cheongju District Court on November 30, 2018 by adding the entire purport of pleadings to the respective entries in subparagraphs 1 through 4.

According to the above facts, each of the above claims of the plaintiffs, which constitute rehabilitation claims, was entered in the table of rehabilitation creditors, and such entry became effective as the final and conclusive judgment, and the plaintiffs had already received repayment of the rehabilitation claims.

Therefore, there is no benefit to seek the payment of each of the above claims against the defendant.

The plaintiffs' attorney also sought a ruling of dismissal for this reason.

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