[채권존재확인청구사건][하집1985(1),296]
Whether the litigation for the confirmation of reorganization claim whose period for filing a lawsuit expires is legitimate or not;
Where a lawsuit for confirmation of reorganization claim, which seeks an objection to reorganization claim, which is raised on the date of investigation into reorganization claim, is instituted after the period for filing a lawsuit under Article 147 (2) of the Company Reorganization Act expires, such lawsuit shall be dismissed as an illegal lawsuit.
Article 147 (1) and (2) of the Company Reorganization Act
Dong-Ja Kim
The liquidation Bank Co., Ltd.
1. The instant lawsuit shall be dismissed.
2. Litigation costs shall be borne by the plaintiff.
The plaintiff confirmed that the reorganization claim amounting to KRW 370,000 is a reorganization claim against the Young-Sa Leisure Complex Co., Ltd. (the trade name before the change, and the South-Pacific Leisure Complex).
The judgment that the lawsuit costs shall be borne by the defendant.
On February 28, 1984, a company member filed a report on the fact that he/she had the right to use the above Confection Facilities and the right to claim the return of the purchase price of KRW 370,00,00 among the reported reorganization claims filed by the defendant who is the administrator of the reorganization company on May 28, 1984 and the right to claim the return of the purchase price of KRW 370,000 among the reported reorganization claims filed by the plaintiff as well as the right to claim the return of the purchase price of KRW 370,00 among the reported reorganization claims filed by the plaintiff from the defendant who is the administrator of the reorganization company on May 28, 1984. The lawsuit of this case is clear by the plaintiff's assertion that the plaintiff's right to claim the confirmation of the reorganization claim under Article 147 (1) of the Company Reorganization Act with respect to the part of the above reported reorganization claims.
However, the plaintiff's lawsuit of this case is clearly recorded that the lawsuit of this case was filed on July 7, 1984 after one month from May 28, 1984 after the investigation of the above reorganization claim, etc. was made. Thus, the lawsuit of this case in this case is deemed unlawful since it is filed after the expiration of the period for filing a lawsuit under Article 147 (2) of the Company Reorganization Act, and it is dismissed, and it is so decided as per Disposition by the application of Article 89 of the Civil Procedure Act with respect to the
Judges Park Jong-chul (Presiding Judge)