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(영문) 서울남부지방법원 2016.03.16 2015가단15454
대여금
Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

0. On December 29, 2014, the Plaintiff filed the instant lawsuit against the Defendant with this court seeking reimbursement of the principal and interest of loan. On the other hand, the Defendant filed an application for individual rehabilitation with the Incheon District Court 2014da122904 on December 9, 2014, immediately before the filing of the lawsuit, and received authorization for the commencement order of individual rehabilitation on April 16, 2015, and the repayment plan on December 28, 2015, respectively, included all the claims of the Plaintiff in the list of individual rehabilitation creditors, and the Plaintiff did not raise any objection thereto. Thus, insofar as the Plaintiff’s claim to be paid in the instant lawsuit belongs to the same subject matter of lawsuit as those indicated in the list of individual rehabilitation creditors and the Plaintiff’s objection is not possible, the Plaintiff’s lawsuit is dismissed.

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