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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 28, 2003, the Plaintiff asserted that the Plaintiff lent KRW 140,000 to the Defendant, and received two copies of the loan certificate of KRW 100,000 on May 27, 2003 and one copy of the loan certificate of KRW 50 million on June 30, 2003.
From June 17, 2008 to September 18, 2012, the Defendant remitted a total of KRW 8,450,000 to the Plaintiff’s wife C’s account, and around March 23, 2009, the Defendant is obligated to pay to the Plaintiff KRW 10,000,000,000 out of the above borrowed money, regardless of the application for rehabilitation claim. As such, the Defendant is obligated to pay the Plaintiff KRW 10,00 and the delay damages.
2. According to Articles 251 and 255 of the Debtor Rehabilitation and Bankruptcy Act, when a decision to authorize a rehabilitation plan is made, the debtor is exempted from liability for any rehabilitation claim and any rehabilitation security right except any right recognized pursuant to the provisions of this Act. The entry of any right recognized pursuant to the rehabilitation plan on the rehabilitation claim in the table of rehabilitation creditors has the same effect as a final and conclusive judgment on the debtor at the time the decision to authorize a rehabilitation plan is made. Where the rehabilitation procedures continue, the claims entered in the table of rehabilitation creditors may be reimbursed according to the procedures, and even if the rehabilitation procedures are discontinued,
Considering this point, it is not the benefit of the lawsuit to seek the performance of the claims specified in the Table of Rehabilitation Creditors as rehabilitation claims.
According to the overall purport of the statements and arguments in Gap evidence Nos. 1 through 4, the defendant filed an application for rehabilitation with the Changwon District Court 2009dan12 on March 23, 2009, and received the decision to grant authorization of the rehabilitation plan on September 18, 2009. It can be acknowledged that the claims of this case the plaintiff sought are included in the rehabilitation creditor list and the list of rehabilitation creditors.
According to this, the claim of this case sought by the plaintiff is recorded in the list of creditors of the rehabilitation case.