물품대금반환
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.
1. The facts constituting the following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in the evidence (including the serial number) in which there is no dispute between the parties or between Eul and Eul (including the branch numbers):
On January 25, 2013, the Plaintiff applied for a payment order against the Defendant for the payment of goods. However, as the Defendant raised an objection on February 6, 2013, it was performed as a lawsuit for the return of goods (hereinafter “instant lawsuit”), and the court of first instance rendered a judgment citing all the Plaintiff’s claims on August 8, 2013.
B. On August 28, 2013, the Defendant filed an appeal against it. On August 26, 2013, the instant lawsuit procedure was interrupted by submitting a written decision on commencing rehabilitation procedures to the court of the competent trial on September 12, 2013, upon filing an application for rehabilitation with the Suwon District Court 2013hap80, which was rendered on August 26, 2013.
C. In the rehabilitation procedure against the Defendant, the period for reporting rehabilitation claims was set from September 27, 2013 to October 17, 2013. However, the Plaintiff did not report the claim for the price of goods to be claimed by the instant lawsuit as a rehabilitation claim within the said reporting period, and the said court did not register the Plaintiff’s claim for the price of goods on the list of rehabilitation creditors and issued the rehabilitation plan approval for the Defendant on May 20, 2014.
On December 31, 2014, the aforementioned court rendered a decision to terminate rehabilitation procedures against the Defendant on the ground that “the Defendant early performed his/her obligation to repay all rehabilitation security rights and tax claims, which are rehabilitation claims, and commenced repayment according to the rehabilitation plan, and no other evidence exists to deem that there exists no reason to believe that the implementation of the rehabilitation plan is hindered, thereby satisfying the requirements for termination of rehabilitation procedures.
2. In full view of the provisions of Articles 148, 170 through 173, 251, and 288(1) and (4) of the Debtor Rehabilitation and Bankruptcy Act, rehabilitation creditors who intend to participate in rehabilitation procedures shall report the rehabilitation claims.