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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
We examine the legitimacy of the instant lawsuit.
According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when a lawsuit on a rehabilitation claim is pending while the rehabilitation procedure has commenced, the litigation procedures shall be suspended (Article 59(1)), and any rehabilitation creditor who intends to participate in the rehabilitation procedure shall report the rehabilitation claim to the court within the reporting period.
(1) Article 148 of the former Rehabilitation Act (amended by Presidential Decree No. 2010, Apr. 13, 2018; Presidential Decree No. 20220, Apr. 13, 2018; Presidential Decree No. 20135, Apr. 13, 2018; Presidential Decree No. 20148, Apr. 2, 2018; Presidential Decree No. 20135, Apr. 2, 2018; Presidential Decree No. 20135, Apr. 2, 2018; Presidential Decree No. 2020, Apr. 2, 2018; Presidential Decree No. 20130, Apr. 2, 2018; Presidential Decree No. 20100, Feb. 2, 2018; Presidential Decree No. 20100, Feb. 1, 2017>
According to the above facts, the lawsuit of this case, for which the Plaintiff seeking payment of the loan amounting to KRW 60 million against the Defendant, has already been determined as stated in the list of rehabilitation creditors as reported by the Plaintiff during the above rehabilitation procedure, and the same effect as the final judgment has already occurred, and thus, the lawsuit of this case was unlawful as it
Therefore, we decide to dismiss the instant lawsuit, and decide as per Disposition.