기타(금전)
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. The Plaintiff: (a) provided food equivalent to KRW 23,343,650 to its employees from May 2, 2015 to September 8, 2015; (b) received only KRW 16,157,00 out of the above food stand from the Defendant; and (c) sought unpaid food costs of KRW 7,186,650 and damages for delay from the Defendant.
On this issue, the defendant asserts to the effect that the decision to authorize the repayment plan became final and conclusive upon receiving the decision to commence individual rehabilitation.
Any property claim that accrues before the rehabilitation procedures commence for the debtor constitutes a rehabilitation claim (Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act; hereinafter “the Debtor Rehabilitation Act”); when a decision to authorize the rehabilitation plan is made, any right of the rehabilitation creditors shall be altered according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation Act); and any entry in the table of rehabilitation creditors on the rights recognized by the rehabilitation plan has the same effect as a final and conclusive judgment on the debtor rehabilitation creditor at the time the decision to authorize the rehabilitation plan becomes final and conclusive (Article 255(1) of the Debtor Rehabilitation Act); and any person who holds any right, the right recognized by the rehabilitation plan, the payment of funds and any other performance claim, may perform compulsory execution on the debtor according to the table of rehabilitation creditors after the rehabilitation procedures are completed (Article 255(2) of
In full view of the overall purport of the statements and arguments in the evidence Nos. 1, 3, and 5, the fact that the Defendant applied for rehabilitation with Suwon District Court 2016 Ma1008 and issued a decision of commencement of rehabilitation procedures on April 7, 2016, entered the Plaintiff’s food claim in the table of rehabilitation creditors prepared in the above rehabilitation procedure, and the fact that the Defendant received the decision of authorization of the above rehabilitation plan on November 16, 2016.