물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that, from October 20, 2014 to March 31, 2015, the Plaintiff supplied the Defendant with goods, such as sti pumps, and the unpaid goods amounting to KRW 23,280,336, the Defendant is obligated to pay the Plaintiff the above goods amounting to KRW 23,280,336, and damages for delay.
With respect to the legitimacy of the instant lawsuit ex officio, any property claim against the debtor arising prior to the commencement of rehabilitation procedures constitutes a rehabilitation claim (hereinafter “Rehabilitation Act”).
Article 118 Subparag. 1) and where a rehabilitation plan submitted within the period determined by the court is rejected at the meeting of interested persons, the court shall decide to discontinue the rehabilitation procedures ex officio, and when the decision to discontinue the rehabilitation procedures is confirmed, the entry of the rehabilitation procedures in the list of rehabilitation creditors on the confirmed rehabilitation claims in the list of rehabilitation
(1) Articles 292(1) and 286(1)2 of the Debtor Rehabilitation and Bankruptcy Act (Article 292(1) and Article 286(1)2 of the same Act). A corporation filed an application for commencement of rehabilitation procedures with the Chuncheon District Court 2015 Gohap508, and the above court taken over the instant lawsuit on July 28, 2015 by the custodian B following the commencement of rehabilitation procedure (the appointment of the representative B as the administrator). After that, the above court decided to discontinue rehabilitation procedures pursuant to Article 286(1)2 of the Debtor Rehabilitation Act on March 30, 2016 on the ground that the rehabilitation plan submitted by the administrator was rejected at the meeting of interested persons. Accordingly, the fact that A corporation again took over the instant lawsuit (hereinafter “Defendant” without distinguishing it before and after the commencement of rehabilitation procedures and the completion of rehabilitation procedures) is clear in the record, and the Plaintiff reported the price for the goods to be claimed as the rehabilitation claim and the claims recorded in the rehabilitation list are the Plaintiff.