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(영문) 광주지방법원순천지원 2015.09.23 2015가단5440
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 to be of no dispute between the parties, or to be found in Gap evidence 1 to 5, and Eul evidence 1 by integrating the purpose of the entire pleadings:

A. On August 9, 2011, a shareholder holding 10% of the Defendant’s shares and the Plaintiff’s auditor (hereinafter “Defendant’s auditor”) loaned KRW 50 million to the Defendant at an annual interest rate of 10%. On July 1, 2013, the Defendant repaid KRW 25 million out of the above borrowed amount to the Plaintiff.

B. On May 16, 2014, according to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), the Defendant commenced rehabilitation proceedings with the Gwangju District Court 2014hap10, and the rehabilitation plan was approved on January 19, 2015.

C. However, the above loan claims of the Plaintiff were not included in the list of rehabilitation creditors, etc. prepared and submitted by the administrator in the above rehabilitation procedure, and the Plaintiff also did not report the loan claims to the court as rehabilitation claims.

2. According to the Debtor Rehabilitation Act regarding the lawfulness of the instant lawsuit, any property claim that occurred before the rehabilitation procedures commence against the debtor constitutes a rehabilitation claim (Article 118); and any custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to reporting by the rehabilitation creditors, etc. (Article 147); and any rehabilitation creditor, etc. recorded in the list shall be deemed to have been reported under the Debtor Rehabilitation Act (Article 151); and any rehabilitation creditor, etc. who intends to participate in the rehabilitation procedures, regardless of whether it is entered in the list as above, shall report the rehabilitation claim to the court within the reporting period set by the court (Article 148); when it is decided to authorize the rehabilitation plan, the debtor shall be exempted from liability for all rehabilitation claims

(Article 251) For the purpose of Article 251 of the Debtor Rehabilitation Act, the term “Immunity” is not de facto extinguished, but is only responsible.

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