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(영문) 창원지방법원거창지원 2016.09.06 2016가단863

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that the construction materials were supplied to the Defendant by December 25, 2015, but the Plaintiff did not receive KRW 21,389,200 out of the price of goods.

Therefore, the defendant is obligated to pay to the plaintiff 21,389,200 won for the unpaid goods and damages for delay.

(hereinafter “Claims asserted by the Plaintiff” is examined as to the lawfulness of the instant lawsuit ex officio on February 2, 200.

The Debtor Rehabilitation and Bankruptcy Act shall, in case where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on the final judgment on the final judgment on the individual rehabilitation claim within the objection period under Article 596 (2) 1, or the application for a final judgment on the final judgment on the final judgment on the individual rehabilitation claim is rejected, become final and conclusive in accordance with the list of individual rehabilitation creditors (Article 603 (1)), and where there is an objection against any right that has been pending in a lawsuit

(Article 604(2) provides that a creditor recorded in the list of individual rehabilitation creditors shall be deemed to have confirmed a claim according to the list of individual rehabilitation creditors if he/she files an application for a final judgment on an individual rehabilitation claim inspection within the objection period or changes it into a lawsuit for final judgment on an individual rehabilitation claim inspection. Therefore, it is reasonable to deem that there is no benefit in dispute

In full view of the facts and the purport of the entire arguments in this court, the Plaintiff applied for a payment order against the Defendant for the payment of the instant claim on February 25, 2016. However, the Plaintiff filed an application for a lawsuit against the Defendant for the payment order and performed the litigation procedure upon filing the application for the lawsuit, and the Defendant filed an application for individual rehabilitation procedure with the Cheongju District Court 2016Da5783 on March 31, 2016.