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(영문) 서울중앙지방법원 2015.06.26 2014나47862
대여금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

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

Where the details of claims are confirmed in the individual rehabilitation list and entered in the individual rehabilitation list, such entry shall have the same effect as the final and conclusive judgment on all of the individual rehabilitation creditors (Article 603(3) of the Debtor Rehabilitation and Bankruptcy Act), and when a decision to discontinue the individual rehabilitation procedure is confirmed, any individual rehabilitation creditor may perform compulsory execution on the debtor according to the

(4) In addition, when a decision to authorize rehabilitation claims has been made, the debtor's responsibility is lost, except for the rights recognized by the rehabilitation plan or by the law, so the rehabilitation creditor's claim by lawsuit is unlawful as there is no benefit in the protection of rights.

In the instant case, according to the evidence evidence Nos. 1 through 3, the Defendant applied for individual rehabilitation on November 19, 2013 by the Jung-gu District Court 2013da77947, and obtained the decision to commence individual rehabilitation procedure from the above court on June 24, 2014. In the list of individual rehabilitation creditors prepared in the above individual rehabilitation procedure, the claim for loans of KRW 12,612,960, the Plaintiff sought payment in this case is stated, and the Defendant can be found to have obtained the decision to authorize the repayment plan on November 13, 2014.

According to the above facts of recognition, it shall be deemed that the existence and content of the claims sought by the plaintiff were confirmed as they were stated in the list of creditors of the rehabilitation case. Thus, the plaintiff has lost the interest to seek by means of a lawsuit.

Thus, even if the plaintiff is paid according to the repayment plan according to the repayment plan according to the finalized list of creditors or the draft repayment plan is abolished, it can be enforced according to the finalized list of individual creditors. Therefore, the lawsuit in this case is unlawful as there is no benefit

Therefore, the instant lawsuit shall be dismissed as it is unlawful.

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