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(영문) 서울중앙지방법원 2016.07.12 2016가단5049378
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff asserts as the cause of the claim of this case as shown in the attached Form. The plaintiff's judgment on the legitimacy of the lawsuit of this case is examined.

According to Article 603(1)1, (3), and (4) of the Debtor Rehabilitation and Bankruptcy Act, where a creditor who has entered in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period prescribed, a claim is confirmed according to the list of individual rehabilitation creditors; where any individual rehabilitation claim confirmed as such is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all of the individual rehabilitation creditors; and when a decision to discontinue the individual rehabilitation procedures is confirmed, such individual

Comprehensively taking account of the respective descriptions and the purport of the evidence Nos. 4 and 5, the Defendant was issued a decision to authorize the repayment plan on August 4, 2008 in the individual rehabilitation case applied by the Seoul Central District Court No. 2008da13237, but the decision was subsequently rendered on August 27, 2013, and the claim of this case that the Plaintiff acquired is recognized as being entered in the table of individual rehabilitation creditors of the above individual rehabilitation case.

According to the above facts, the plaintiff can enforce compulsory execution against the defendant on the basis of the above list of individual rehabilitation creditors. Thus, there is no benefit in protecting the right to file a lawsuit seeking the payment of the claim of this case against the defendant separately.

Thus, the lawsuit of this case is unlawful and dismissed.

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