도장비
1. To dismiss the instant lawsuit that has been changed in exchange at the trial;
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. We examine the legality of the instant lawsuit ex officio.
According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any rehabilitation creditor who intends to participate in the rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act shall report a rehabilitation claim (Article 148(1)); when an objection is raised against the reported rehabilitation claims, all of the objectors may file an application with the court for the final claim inspection judgment (Article 170(1)); when no objection is raised against the reported rehabilitation claims, the final claim inspection judgment shall be filed with the court as other parties (Article 170(1)); when any objection is raised against the reported rehabilitation claims, the final claim inspection judgment shall be made as stated in the reported rehabilitation claims (Article 166 subparag. 1); when any entry in the table of rehabilitation creditors is
(1) On November 12, 2014, the Plaintiff filed a payment order with the Suwon District Court for the payment of KRW 62,279,186 and delay damages therefor (hereinafter “instant claim”) against the Defendant on November 12, 2014. On the same day, the above court issued a payment order in accordance with the purport of the application. On November 19, 2014, the Defendant raised an objection to the lawsuit of this case, and on March 6, 2015, when the first instance court was pending, the Defendant filed a rehabilitation application with the Suwon District Court 2015,1007, and the rehabilitation order was issued on March 31, 2015. The Plaintiff reported the instant claim as rehabilitation claim in the instant rehabilitation procedure, and the Plaintiff’s claim was confirmed as final and conclusive, and the Plaintiff’s claim was recorded as the entire claim amount as KRW 160,196, and the entire statement of the claim amount can be considered as KRW 160,196.
Therefore, the Plaintiff’s claim of this case, as a rehabilitation claim confirmed without any particular objection, was entered in the table of rehabilitation creditors, thereby having the same effect as the final judgment.
in this case.