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1. Revocation of a judgment of the first instance;
2. The instant lawsuit was filed on October 6, 2014 in Suwon District Court 2013dan111.
Reasons
Basic Facts
The plaintiff is an individual entrepreneur who produces and supplies a unique apartment sales household with the trade name of "C," and the defendant is the defendant.
The Plaintiff borrowed a total of KRW 115 million from the Defendant on July 22, 2011, and KRW 30 million on July 25, 2013.
On September 11, 2013, the Plaintiff repaid the Defendant the above loan debt of KRW 115 million.
The Plaintiff, upon filing an application for commencing rehabilitation procedures with the Suwon District Court 2013dan111, was decided on November 8, 2013 and was appointed as a custodian.
However, the above court decided to discontinue the rehabilitation procedures on October 6, 2014, which was prior to the rehabilitation plan approval decision, and the above abolition decision became final and conclusive around that time.
[Grounds] The lawsuit in this case is a lawsuit filed by the Plaintiff pursuant to Article 105(1) of the Debtor Rehabilitation and Bankruptcy Act on the ground that the Plaintiff’s act of repaying obligations to the Defendant as the custodian of A constitutes an act of denial under Article 100(1) of the Debtor Rehabilitation and Bankruptcy Act. The right to set aside under Article 100 of the Debtor Rehabilitation Act is a right that only the custodian can exercise under the premise of the progress of the rehabilitation procedure in order to recover the debtor’s property unfairly disposed of before the commencement of rehabilitation procedure. Even if the right to set aside has been exercised during the rehabilitation procedure, if the rehabilitation procedure is completed before the recovery of property to the debtor, the right to claim the return of property to the other party as the effect of the right to set aside or to claim the repayment of the value thereof shall also be deemed extinguished. Thus, the right to claim the repayment of the value thereof shall also be deemed to have been terminated when the right to claim for avoidance or the right to claim the avoidance of claim becomes final and conclusive.