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(영문) 수원지방법원 성남지원 2018.11.14 2018가단8544

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

According to Article 603 of the Debtor Rehabilitation and Bankruptcy Act, where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on the final judgment on the final judgment on the individual rehabilitation procedures within the objection period, or the application for a final judgment on the final judgment on the individual rehabilitation procedures is rejected, the claim is confirmed as stated in the list of individual rehabilitation creditors (paragraph (1)), and where any confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment

(4) Article 603 of the Debtor Rehabilitation and Bankruptcy Act provides for the confirmation of individual rehabilitation claims and the effect of the table of individual rehabilitation creditors regardless of whether to authorize the repayment plan, if the individual rehabilitation procedures continue, the individual rehabilitation creditors may obtain reimbursement according to the repayment plan authorized in the individual rehabilitation procedures, and even if the individual rehabilitation procedures are discontinued, the compulsory execution may be effected according to the table of individual rehabilitation creditors.

Therefore, there is no interest in the lawsuit to file a separate performance suit for individual rehabilitation claims entered in the table of individual rehabilitation creditors.

With respect to the instant case, the health department: (a) the Defendant filed an application for individual rehabilitation with Suwon District Court 2017Da10483 and entered the decision to commence individual rehabilitation on May 10, 2018; and (b) the Defendant entered the Plaintiff’s claim in the list of individual rehabilitation creditors; and (c) the Plaintiff did not raise any objection by July 10, 2018, which was the period for filing an objection; and (d) the fact that the Plaintiff became final and conclusive as indicated in the list of individual rehabilitation creditors and the decision to authorize the repayment plan was made is not disputed between the parties, or that it is recognized in accordance with the purport of the entire statements

According to the above facts, the lawsuit of this case is in the table of individual rehabilitation creditors.