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(영문) 서울중앙지방법원 2015.10.26 2014가단5293966
대여금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in a case where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim within the objection period, or an application for a final judgment on an individual rehabilitation claim is rejected, a claim is confirmed as stated in the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors. Therefore, there

In light of the records of this case, the defendant filed an application for individual rehabilitation with Busan District Court 2014 Ma22582 and filed a decision to commence individual rehabilitation procedures on September 3, 2014, and the defendant filed a report with the list of individual rehabilitation creditors on September 3, 2014. The defendant filed a report with the list of individual rehabilitation creditors of this case sought by the plaintiff, and the above claims were confirmed as they were and entered in the list of individual rehabilitation creditors, and the above court made a decision to authorize the repayment plan on October 21, 2014, and then confirmed the above decision around that time. Accordingly, the plaintiff's lawsuit of this case is ultimately seeking the implementation of the confirmed claim already entered in the list of individual rehabilitation creditors

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