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(영문) 서울남부지방법원 2019.03.21 2018나1792

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 5, 2015, the Plaintiff agreed to receive KRW 19,500,000 as the construction price among the remodeling works performed by the Defendant, among the remodeling works performed by the permanent exhibition hall, from the Defendant.

(hereinafter referred to as "the agreed claim of this case". (b)

The Defendant, upon filing an application for commencing rehabilitation procedures with the Seoul Central District Court (2015 Ma100275), was decided to commence rehabilitation procedures on December 11, 2015; decided to commence rehabilitation procedures on June 8, 2016; and decided to discontinue rehabilitation procedures on July 6, 2016.

In this rehabilitation procedure, the custodian of the debtor for rehabilitation did not enter the claim of this case in the list of rehabilitation creditors, and the plaintiff did not report it to the above rehabilitation court.

C. The Plaintiff demanded the Defendant to pay the said agreed amount several times, and the Defendant paid the Plaintiff KRW 2,00,00,00 in total, each of the KRW 500,000 on April 3, 2017, May 12, 2017, May 31, 2017, and July 3, 2017.

Since then, the Plaintiff also demanded the Defendant to pay the remaining agreed amount of KRW 17,500,000, but the Defendant refused to pay the said amount and filed the instant lawsuit on November 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on this safety defense

A. The gist of the Defendant’s assertion is the rehabilitation claim.

However, since the plaintiff did not report it to the rehabilitation court as a rehabilitation claim, the defendant was exempted from the responsibility for the claim of this case.

Therefore, the instant lawsuit is unlawful.

B. (1) Determination 1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)

The following are stipulated. Any property claim that accrues before the rehabilitation procedures commence for the debtor shall constitute a rehabilitation claim (Article 118 subparagraph 1 of the same Article). The custodian of the rehabilitation debtor prior to the reporting of the rehabilitation creditor and the rehabilitation secured creditor is the list of rehabilitation creditors and the list of rehabilitation secured creditors.