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(영문) 서울중앙지방법원 2019.10.01 2019가단5091387
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant filed an application for individual rehabilitation on behalf of the plaintiff. The plaintiff did not pay attention to reviewing and providing guidance on the legal side of the application for individual rehabilitation procedures. The plaintiff notified the plaintiff that the application date for individual rehabilitation procedures is the date of application for individual rehabilitation procedures, which is the basic date of the application for individual rehabilitation procedures, even though the amount of debts is the commencement date of individual rehabilitation procedures. In the absence of such negligence by the plaintiff, the defendant obtained a decision to authorize the repayment plan in the individual rehabilitation procedures, and would only pay the principal to the creditor without paying interest exceeding the principal amount. Thus, the plaintiff claims 5,00,000 won, which is the amount equivalent to the interest that the plaintiff paid to the plaintiff C among the creditors, after the discontinuation of the individual rehabilitation procedures.

2. Determination

A. On the other hand, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant made a wrong statement of the standard point of time for application for individual rehabilitation procedure to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

The plaintiff's assertion is without merit.

B. 1) In addition, even if an individual rehabilitation procedure has decided to commence a rehabilitation procedure, a decision to authorize a draft repayment plan shall be made according to the court’s decision after examining the creditors’ objection, the creditors’ meeting, the grounds for discontinuing the individual rehabilitation procedure and the requirements for authorization, etc., and after examining the court’s decision (Articles 614 and 620 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”)). Even after the draft repayment plan is authorized, the individual rehabilitation procedure shall be exempted from the individual rehabilitation claim after the court’s decision is made as to whether the draft repayment plan has been fully performed as planned in the draft repayment plan, whether there is no reason for refusing to grant immunity, and whether there is no reason for discontinuing the individual rehabilitation procedure (Articles 621, 624 of the Act, and non-exempt claims).

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