[채권존재확인청구사건][하집1987(4),42]
Whether it can be asserted as a lawsuit against the authorized reorganization program by the reorganization company (negative)
Article 242 of the Company Reorganization Act provides that the rights of reorganization creditors, etc. shall be changed to the contents of the reorganization program when a decision to grant approval for reorganization has been made, and Article 237 of the same Act provides that an immediate appeal may be filed against the decision to approve the reorganization program, so the approved reorganization program shall not be contested by a lawsuit, aside from the fact that an immediate appeal is filed under the reorganization program
Articles 237 and 242 of the Company Reorganization Act
Kim Jong-tae
Administrator of Gwangju Housing Corporation, Inc.
Daegu District Court of the first instance (86 Gohap2218)
1. The appeal is dismissed.
2. The costs of appeal shall be borne by the plaintiff.
The original judgment shall be revoked.
The plaintiff confirms that the reorganization claim of KRW 68,347,94 exists against the non-party reorganization company's Gwangju residential housing.
Litigation costs are assessed against all of the defendants in the first and second trials.
The plaintiff's ground for claim is that the non-party company filed a lawsuit against the non-party company in Daegu District Court (83 Gohap 273) for loans claim against the non-party company prior to the above decision of commencement of reorganization proceedings, and the non-party company is exempted from the above reorganization plan's right to 40,00,000 won per annum from July 9, 1982 to December 15, 1983. The above judgment becomes final and conclusive, and the above judgment was delivered in favor of the plaintiff that the non-party company should pay an amount equivalent to 25,000 won per annum from the next day to the date of full payment of the reorganization plan. The plaintiff's right to the above non-party company was not established as reorganization plan's 40,00 won, and the above reorganization plan's right to the non-party company was not established as reorganization claim by the above court's 69,772,210 won prior to the above decision of reorganization procedure's establishment of reorganization plan's 4060,260,264, etc.
Therefore, the plaintiff's lawsuit on this case is unlawful and dismissed, and the judgment of the court below is just in conclusion, and the plaintiff's appeal is dismissed without merit, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition.
Judges Lee Jin (Presiding Judge)