(영문) 울산지방법원 2016.11.01 2016가단16138

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(영문) 울산지방법원 2016.11.01 2016가단16138

대여금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 17, 2008, the Plaintiff leased KRW 70 million to the Defendant on December 17, 2008 as interest rate of KRW 30 million per month and due date of payment on January 31, 2009.

(hereinafter referred to as the “Plaintiff’s credit”). B.

On December 9, 2015, the Defendant filed an application for rehabilitation with the Ulsan District Court 2015dan520.

The Ulsan District Court decided to commence rehabilitation procedures with respect to the defendant on January 22, 2016 (the decision to commence rehabilitation procedures shall regard the defendant as a custodian in the decision to commence rehabilitation procedures), June 23, 2016, and the decision to authorize the rehabilitation plan was finalized on July 9, 2016.

(A) According to the decision of approval of the rehabilitation plan, the Defendant’s debt amount as of January 22, 2016, 11,141,467,655, which is the date of the decision of approval of the rehabilitation procedure.

Part III (Change of Right to Rehabilitation Security and Rehabilitation Claim and Method of Repayment) Section 5 (Right to Claim not Reported) of the authorized rehabilitation plan stated as follows: "The right to rehabilitation security right and rehabilitation claim not reported shall be deemed to be extinguished."

The plaintiff's claims are not indicated in the list of rehabilitation creditors, and the plaintiff did not report the plaintiff's claims as rehabilitation claims within the reporting period of claims.

[Reasons for Recognition] Facts, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, 2, 3, and 4, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. We examine ex officio the legality of the action.

According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim against a debtor arising prior to the commencement of rehabilitation procedures constitutes a rehabilitation claim (Article 118 subparag. 1); and any custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to reporting the rehabilitation creditor, etc. (Article 147); and any rehabilitation claim, etc. entered in the list shall be deemed reported under Articles 148 through 150 (Article 151); and

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