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(영문) 전주지방법원 정읍지원 2018.01.09 2017가단3206
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts are found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence of 1 to 3, Eul evidence of 3-1 and 2:

A. The Defendant drafted to the Plaintiff each of the following loan certificates (hereinafter “the loan certificates of this case”).

The principal and interest rate on September 14, 2007, KRW 2.5% on September 14, 2010, KRW 1.6% on September 19, 2007, KRW 10 million on September 19, 2010, KRW 35 million on September 30, 2012, KRW 1.6% on September 30, 2010, KRW 35 million on November 30, 2012.

B. Around 2010, the Defendant filed an application for individual rehabilitation with the Jeonju District Court (the Jeonju District Court 2010 Congress 13012). On February 23, 2011, the Defendant obtained authorization of the repayment plan from the above court and completed repayment according to the repayment plan, and was granted immunity on December 15, 2015.

C. Meanwhile, the list of individual rehabilitation creditors attached to the above repayment plan includes C’s loan claims worth KRW 59,500,000,000, which is the father of the Plaintiff.

2. The Defendant asserts that the Plaintiff’s claim is not permissible on the ground that the loan claim asserted by the Plaintiff is included in C’s claim for which the repayment plan is authorized in the individual rehabilitation procedure of this case, and even if not, the Plaintiff did not report as individual rehabilitation claim in the individual rehabilitation procedure of this case.

Article 603(3) of the Debtor Rehabilitation and Bankruptcy Act provides that "where confirmed individual rehabilitation claims are entered in the table of individual rehabilitation creditors, such entry shall have the same effect as that of a final and conclusive judgment on all individual rehabilitation creditors, the entry of such confirmed individual rehabilitation claims in the table of individual rehabilitation creditors shall have the same effect as that of a final and conclusive judgment on all individual rehabilitation creditors." Thus, there is no benefit in a lawsuit seeking separate performance or confirmation of a claim that falls under the same subject matter

I would like to say.

the whole of the pleadings in the statement of evidence of subparagraph 2 of this paragraph.

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