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(영문) 부산지방법원 2019.11.05 2019가단3253

매매대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Articles 166 and 168 of the Debtor Rehabilitation and Bankruptcy Act provide that when any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any rehabilitation secured creditor, any rehabilitation secured creditor, any rehabilitation secured creditor, any objection is not raised on the inspection period or the special inspection date, the contents of the right and the amount of the voting right are confirmed. When any confirmed rehabilitation claim and any rehabilitation security right are entered in the table of rehabilitation creditors and the table of rehabilitation secured creditors, the entry therein shall have the same effect as a final and conclusive judgment on all rehabilitation secured creditors, any rehabilitation secured creditor, any other rehabilitation secured creditor,

According to the purport of the evidence Nos. 1 through 4 and the whole arguments, the defendant received a decision to commence rehabilitation procedures in the Busan District Court 2019 Ma1003, Apr. 23, 2019; the plaintiff reported 160,249,430 won as rehabilitation claims as stated in the purport of the above claim against the defendant on June 7, 2019; and the defendant entirely accepted the above rehabilitation claim and accordingly, entered all of the above rehabilitation claims in the table of rehabilitation creditors.

In addition to the above legal principles as seen earlier, the instant lawsuit is a separate performance lawsuit on the rehabilitation claim indicated in the table of rehabilitation creditors, and thus, there is no benefit in the lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.