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(영문) 수원지방법원안양지원 2014.12.17 2014가단16270
부당이득금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

When the court decides to commence individual rehabilitation procedures, it shall determine and publicly notify the period for objection (not less than two weeks but not more than two months) to individual rehabilitation claims, and deliver them to each individual rehabilitation creditor (hereinafter referred to as the "Act").

(A) Articles 596 and 597 of the Act). In a case where an individual rehabilitation creditor who has received such notification fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period as above, or such application is rejected, the claim is finalized as stated in the list of individual rehabilitation creditors (Article 603(1) of the Act). In such a case where an individual rehabilitation claim is finalized, a Junior Administrative Officer, etc. shall prepare the list of individual rehabilitation creditors, stating the name and address of the creditor and the details and cause of the claim (Article 603(2) of the Act), and where such confirmed individual rehabilitation

(Article 603(3) of the Act. Accordingly, even if individual rehabilitation procedures are discontinued later, individual rehabilitation creditors may perform compulsory execution according to the table of individual rehabilitation creditors.

(4) Article 603(4) of the Act. In full view of each of the statements in Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the plaintiff commissioned the defendant as an insurance solicitor at the agency B of the insurance juristic person Eul's operation on June 4, 2013; the part of the insurance contract that the defendant arranged for the conclusion and thereby the amount to be recovered to be paid by the defendant to the plaintiff is 31,692,209; the defendant filed an application for individual rehabilitation with the Seoul Central District Court No. 2018126, Jun. 13, 2014; the plaintiff filed an application for individual rehabilitation with the Seoul Central District Court No. 2014, Oct. 2, 2014; and the plaintiff received the decision to commence individual rehabilitation on Oct. 2, 2014 by including the amount to be recovered by the lawsuit in this case as individual rehabilitation claims. Meanwhile, the plaintiff also received the aforementioned decision to commence individual rehabilitation.

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