물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged, either in the absence of dispute between the parties or in the entirety of the arguments in Gap evidence Nos. 1, 2, 1, 2, and 1, 2:
A. The Plaintiff, with the trade name of “D”, engaged in the business of manufacturing synthetic resin and recycled fibers, and C operates “E” as a business of manufacturing automation equipment. By May 13, 2019, the Plaintiff supplied C with without delay PCSET, etc. and received some payments from C, and entered into KRW 31,031,445 (hereinafter “instant product price claim”). Accordingly, the Plaintiff filed the instant lawsuit against C seeking payment of the instant product price claim against C.
B. On February 26, 2020, Part C filed an application for simplified rehabilitation with the Daegu District Court (2020 short time 1004). On May 1, 2020, the above court decided to commence simplified rehabilitation (hereinafter “instant rehabilitation procedure”); the period for submitting a list of creditors, creditors, and secured creditors from May 1, 2020 to May 15, 2020; and the period for filing a report on rehabilitation claims and rehabilitation security rights from May 18, 2020 to June 8, 2020; and the period for filing a report on rehabilitation claims and rehabilitation security rights from June 9, 2020 to June 22, 2020.
(c)
On September 14, 2020, the Daegu District Court held a meeting of interested parties for the date of the special investigation and the hearing and resolution of the rehabilitation plan with respect to the rehabilitation procedure in this case. On the same day, C decided to authorize the rehabilitation plan and completed the rehabilitation procedure in this case.
(d)
C In the rehabilitation procedure of this case, the Plaintiff’s claim for the price of the instant goods is stated in the list of creditors of rehabilitation.
E. As described in the above A., the instant lawsuit is pending, and the Defendant took over the instant lawsuit upon the court’s continuation order on December 8, 2020.
2. Determination as to the legitimacy of the instant lawsuit
A. The Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation and Bankruptcy Act”).