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(영문) 수원지방법원 성남지원 2018.04.27 2017가합407264
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff loaned money to the Defendant as shown in the attached Table, and the interest rate was 5% per month and did not set the due date.

The defendant repaid part of the principal to the plaintiff as shown in the attached Table, and paid interest until January 15, 2009.

Accordingly, as of June 4, 2008, the principal that the Plaintiff received from the Defendant is KRW 250,000,000,000, the Defendant is obligated to pay to the Plaintiff the amount of KRW 250,000,000 and the interest for delay from February 1, 2009 that the Plaintiff seeks.

2. Whether the lawsuit of this case is lawful

A. According to the relevant legal principles and the Debtor Rehabilitation and Bankruptcy Act, a claim for property arising before the commencement of rehabilitation procedures for a debtor constitutes a rehabilitation claim (Article 118). Moreover, even if the details of a claim for property arising before the commencement of rehabilitation procedures are not specifically determined or repayment arrives after the commencement of rehabilitation procedures, it does not affect the debtor’s rehabilitation claim

(2) A rehabilitation creditor cannot receive reimbursement without following the provisions of the rehabilitation plan, in principle, after the commencement of the rehabilitation procedure (see, e.g., Supreme Court Decisions 9Da55632, Mar. 10, 2000; 2011Da109388, Apr. 23, 2014). A rehabilitation creditor who intends to participate in the rehabilitation procedure shall report the contents, cause, etc. of the rehabilitation claim within the reporting period (see, e.g., Supreme Court Decision 148). A rehabilitation creditor who intends to participate in the rehabilitation procedure shall report the details, cause, etc. of the rehabilitation claim within the reporting period (see, e., Supreme Court Decision 2001Da3122, Jul. 24, 2001).

In fact, on February 24, 2013, the Seoul Central District Court rendered a decision to commence rehabilitation procedures with respect to the defendant 1 on February 24, 2013, and on September 23, 2013, the rehabilitation plan approval was issued pursuant to Article 242 (1) of the Debtor Rehabilitation and Bankruptcy Act, and January 20, 2015.

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