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(영문) 대구지방법원서부지원 2016.09.08 2016가단5300

임가공료

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

We examine the legitimacy of the lawsuit of this case against the defendant, which the plaintiff claims for the fee of processing fees ex officio.

According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), when there is no objection by any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder, any equity right holder or any equity right holder on the inspection period or special inspection date in the rehabilitation procedures, the contents of any reported rehabilitation claim and any rehabilitation security right or any rehabilitation security right, if there is no objection, the amount of the reported rehabilitation claim and any rehabilitation security right is confirmed (Article 166 of the Act). When any confirmed rehabilitation claim and any rehabilitation security right are entered in the table submitted by any custodian, the entry therein has the same effect as a final and conclusive judgment for all rehabilitation creditors, any rehabilitation secured creditor, any shareholder, and any equity right holder (Article 168 of the Act). In addition, when the decision to discontinue the rehabilitation procedures becomes final and conclusive, the entry in the table of rehabilitation creditors or any rehabilitation secured right holder in the table of rehabilitation creditors has the same effect as the final and conclusive judgment for the debtor (Article 292(1) of the Act). In such cases, any rehabilitation creditor or any rehabilitation secured right holder may perform compulsory execution against the debtor based on the table or the table of rehabilitation

In light of the above legal principles, comprehensively taking account of the overall purport of the arguments in evidence Nos. 5 and 6 as to the instant case, the Defendant was decided to commence rehabilitation procedures as of April 4, 2016 by the Daegu District Court 2016 Mahap103, and the Defendant submitted the full amount of KRW 22,789,915 to the Plaintiff’s claim for the discretionary processing fees in the instant rehabilitation procedure as the rehabilitation claim list as the creditor’s list. The above rehabilitation claim becomes final and conclusive without objection, and thus, it is recognized that it is recorded in the list of rehabilitation creditors.