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(영문) 서울중앙지방법원 2015.09.18 2015가단5057501
양수금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant A shall pay to the Plaintiff KRW 110,379,962 and KRW 24,603,448 among them.

Reasons

1. Claim against the defendant A;

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. The Plaintiff filed a claim against Defendant B, alleging that he/she received a joint and several surety claim against Defendant B (hereinafter “instant claim”) from the Luxembourg-gun Fisheries Cooperatives, as shown in the attached Form, and filed a claim against Defendant B, for payment of the amount calculated by the rate of 17% per annum from March 10, 2015 to the date of full payment of the principal amount of KRW 44,508,864 as of March 10, 2015, and the principal amount of KRW 15,027,426 as of KRW 15,00 from March 10, 2015.

However, according to the purport of the entire pleadings, Defendant B filed an application for commencement of individual rehabilitation procedures on July 3, 2012 with the Gwangju District Court 2012 session 19505, and obtained authorization of the repayment plan on November 14, 2012, and entered the claim belonging to the same subject matter as the instant claim in the list of individual rehabilitation creditors, and entered the claim that belongs to the same subject matter as the instant claim in the list of individual rehabilitation creditors as the creditor. On September 21, 2012, Defendant B filed an objection against the claim before the objection period against the claim expires.

Where an objection period is filed against any claim entered in the list of individual rehabilitation creditors, such claim shall have the same effect as the final judgment, that is, a dispute within the procedure, and where the individual rehabilitation procedures continue, repayment may be made according to such procedures, and even if the individual rehabilitation procedures continue, compulsory execution may be effected according to the list of individual rehabilitation creditors

Therefore, considering the necessity of the stable progress of individual rehabilitation procedures and the purport of the final inspection judgment system, a creditor cannot file a separate performance lawsuit against a claim belonging to the same subject matter of lawsuit as the claim established as above, so the plaintiff's claim against the defendant B is unlawful as there is no benefit of lawsuit.

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