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(영문) 대전지방법원 2019.01.10 2016가단34455
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on a final judgment on an individual rehabilitation claim within the objection period; where an application for a final judgment on a final judgment on an individual rehabilitation claim is rejected, any claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)); where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry has the same effect as a final judgment on all of the individual rehabilitation creditors (Paragraph (3)); where a decision on discontinuation of individual rehabilitation procedures is confirmed, any individual rehabilitation creditor may perform compulsory execution on the basis of the list of individual rehabilitation creditors

The Defendant filed an individual rehabilitation proceeding with this court 2016dan515 and received the decision to commence individual rehabilitation on December 9, 2016 in the above case, and the Defendant entered the claims sought against the Defendant (hereinafter “the instant claims”) by the instant lawsuit in the creditor list at the time of filing the individual rehabilitation application, and as the Plaintiff did not raise any objection thereto, the instant claims became final and conclusive as recorded in the creditor list; thereafter, the said court decided to discontinue the individual rehabilitation procedure on January 15, 2018; and the fact that the decision to discontinue the individual rehabilitation procedure became final and conclusive on March 3, 2018 is recognized by the record or significant to this court.

According to the above facts and the legal principles as seen earlier, the Plaintiff may enforce compulsory execution against the Defendant based on the table of individual rehabilitation creditors prepared in the above individual rehabilitation procedure. Thus, the instant lawsuit seeking the payment of the instant claim is unlawful as there is no benefit of lawsuit.

Therefore, the lawsuit of this case is unlawful and dismissed, and it is so decided as per Disposition.

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