물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff (C) supplied goods (metallic parts) equivalent to KRW 32,185,000 from January 2015 to December 2015, 2015 to Defendant (D). The fact that the Plaintiff (C) received only KRW 2,500,000 out of the price of the goods and did not receive the remainder of KRW 29,685,00 does not conflict between the parties.
However, in full view of the entries in the evidence No. 1 and the purport of the entire pleadings, the Defendant applied for rehabilitation to the Changwon District Court 2016dan10025 and started rehabilitation proceedings on September 6, 2016, and the rehabilitation plan was approved on September 8, 2017, and the Plaintiff also reported the instant claim against the Defendant as a rehabilitation claim and entered in the list of rehabilitation creditors.
As can be seen, the entry of rehabilitation claims in the table of rehabilitation creditors becomes effective as the final and conclusive judgment (see Articles 166 subparag. 1 and 168 of the Debtor Rehabilitation and Bankruptcy Act), and the instant lawsuit claiming the payment of the amount for individual rehabilitation claims to be exercised is unlawful (see Supreme Court Decision 2015Da1826, Oct. 15, 2015). Accordingly, the instant lawsuit is dismissed as unlawful.