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(영문) 부산지방법원 2015.07.23 2015가합1959

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The defendant asserts that the defendant's claim stated in the plaintiff's claim in the rehabilitation procedure had been entered in the list of rehabilitation creditors, so the lawsuit of this case does not have any interest in the lawsuit. We first examine the legitimacy of the lawsuit.

Any rehabilitation creditor intending to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) shall file a report on rehabilitation claims (Article 148(1)); any custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to filing a report on rehabilitation creditors, etc. (Article 147); any rehabilitation creditor, etc. entered in the list shall be deemed to have filed a report pursuant to the Debtor Rehabilitation Act (Article 151); when any objection is raised against any reported rehabilitation claim, all of the objectors as other parties may file a final claim inspection judgment with the court (Article 170(1)); any person dissatisfied with such judgment may file a lawsuit seeking objection against the final claim inspection judgment.

(1) Article 171(1) of the same Act provides, “If there is no objection against any reported rehabilitation claim, the claim shall be confirmed as stated in the report (Article 166 subparag. 1).” Since entry of any confirmed rehabilitation claim in the table of rehabilitation creditors into the table of rehabilitation creditors becomes the same effect as the final and conclusive judgment (Article 168), the lawsuit on the rehabilitation claim that has been pending is unlawful as there is no benefit of the lawsuit (see Supreme Court Decision 2013Da17971, Jun. 26, 2014). According to the overall purport of the statement and arguments in the instant case and the evidence Nos. 1 through 4, the health class and health class and the evidence No. 2015, U.S. District Court Decision 2015Mo502, Mar. 4, 2015; the Defendant becomes the custodian; the list of rehabilitation creditors’ price claims under the rehabilitation procedure and the credit card subrogation claims in the instant case as the rehabilitation claim number No. 320, 40,16).