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(영문) 서울북부지방법원 2018.03.22 2017가단26390
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

A. Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period, or the application for a final judgment on an individual rehabilitation claim inspection is rejected, a claim is finalized according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors, and thus, there

B. According to the following facts, there is no dispute between the parties with respect to the instant case, or according to the evidence No. 1-1-2 and the whole purport of the pleadings, the instant lawsuit becomes final and conclusive, and thus, there is no interest in the lawsuit as it seeks the implementation of individual rehabilitation claims indicated in the table of individual rehabilitation creditors.

1) On March 30, 2016, the Defendant filed an application for individual rehabilitation with the Suwon District Court 2016Da1004833, and received a decision on commencing the rehabilitation procedure from the said court. (2) The list of creditors submitted at the time of the Defendant’s application for the above rehabilitation, includes each of the loan claims against the Defendant asserted by the Plaintiff in the instant lawsuit, as of July 4, 201 and December 2, 2011.

3) As to the entry in the above list of creditors, the Plaintiff did not file an application for final judgment on a final judgment on an individual rehabilitation claim within the objection period. (4) Accordingly, each of the above loans owed by the Plaintiff against the Defendant was confirmed as is and entered in the list of individual rehabilitation creditors. The Defendant was determined to authorize the repayment plan by the above court on September 26, 20

2. As such, the instant lawsuit is unlawful and thus dismissed.

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