beta
(영문) 인천지방법원 2017.01.10 2016가단12440

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. The Plaintiff’s summary of the assertion was supplied to the Defendant with goods, such as fire air conditioners, from May 2015 to January 2016.

However, the plaintiff has not yet received 44,000,000 won for goods from the defendant.

Therefore, the defendant is obligated to pay to the plaintiff 4,000,000 won for goods and damages for delay.

B. On February 29, 2016, the Defendant’s summary of the Defendant’s assertion filed an application for commencement of corporate rehabilitation proceedings with the Seoul Central District Court, and the court rendered a decision on March 28, 2016 to commence rehabilitation proceedings with the Defendant.

However, the plaintiff's claim against the defendant was not stated in the list of creditors of the above rehabilitation procedure.

Therefore, the plaintiff cannot exercise his right outside the rehabilitation procedure.

2. The facts of recognition are as follows: (a) the Defendant filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2016 Ma10039 on February 29, 2016; (b) the Seoul Central District Court rendered a decision on commencing rehabilitation procedures with respect to the Defendant on March 28, 2016; (c) the fact that the rehabilitation plan against the Defendant was authorized on September 9, 2016; (d) the Plaintiff’s claim was not included in the list of rehabilitation creditors; and (e) the fact that the said claim was not reported as rehabilitation claims within the period for reporting rehabilitation claims does not conflict between the parties; or (e) the fact that the said claim was not reported as rehabilitation claims within the period for reporting rehabilitation claims, or that

3. Inasmuch as the Plaintiff, regardless of the rehabilitation procedures against the Defendant, is seeking the continuation of the instant case, it is clearly stated that the instant case will proceed according to the Plaintiff’s intent.

A. According to Articles 59(1), 118, and 131 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when a decision is rendered to commence rehabilitation procedures, rehabilitation claims, including property claims arising before the commencement of rehabilitation procedures or damages arising from nonperformance after the commencement of rehabilitation procedures.