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(영문) 수원지방법원안양지원 2017.09.06 2016가단111452

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is to claim KRW 44,862,708, which the bankrupt debtor did not pay among the goods supplied in around 2015 pursuant to the goods supply contract concluded with M&C Co., Ltd. (hereinafter “Bankruptcy Obligor”), and damages for delay.

2. We examine whether the instant lawsuit is legitimate.

In full view of the provisions of Articles 458 and 460 of the Debtor Rehabilitation and Bankruptcy Act, if the trustee in bankruptcy and any bankruptcy creditor raise an objection to the amount of any bankruptcy claim reported on the claim inspection date, the amount of such claim shall be confirmed, and if the amount of confirmed claims is entered in the table of bankruptcy creditors, such entry shall have the same effect as a final and conclusive judgment on all bankruptcy creditors. In such a case, there is no benefit in filing a separate performance

In full view of the overall purport of the statements and arguments in the health account statement and evidence Nos. 1 through 3 as to the instant case, ① the bankruptcy debtor was declared bankrupt on October 27, 2016 by the Suwon District Court Decision 2016Hahap10030 on October 27, 2016, ② in the instant bankruptcy case, the Plaintiff submitted a claim registration statement on the same claim as the goods payment claim (the bankruptcy claim arising before the declaration of bankruptcy) asserted in the instant bankruptcy case, and the above claim is confirmed by the Defendant, the bankruptcy trustee, and without any objection by other bankruptcy creditors.

According to the above facts, since a claim for the price of goods asserted by the plaintiff in this case is a claim established in the above bankruptcy procedure and has the same effect as a final and conclusive judgment, there is no benefit of lawsuit against the defendant to file a separate performance suit against the same claim.

3. As such, the instant lawsuit is dismissed as it is unlawful.