물품대금
The plaintiff's lawsuit against the defendant C is dismissed.
Defendant B Co., Ltd. is KRW 20,412,00 and KRW 20,00.
Any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") regarding the legal principles as to the legality of lawsuits against Defendant C shall report rehabilitation claims (Article 148(1) of the Act); when an objection is raised against rehabilitation claims reported, all of the objectors may file an objection with the court to the final claim inspection judgment (Article 170(1) of the Act); and any person who is dissatisfied with such judgment may file a lawsuit of objection against the final claim inspection judgment with the court as other parties (Article 170(1)
(Article 171(1) of the Act: Provided, That where a lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and when any objection is raised against the reported rehabilitation claims, all of the objectors to the lawsuit shall take over the litigation procedures within one month from the end of the inspection period or from the special inspection date of the inspection period with all
(Article 172 of the Act). In addition, the provisions of Part II (Rehabilitation Procedures) of the Act shall apply mutatis mutandis to simplified rehabilitation procedures, except as otherwise provided in Chapter IX of Part II of the Act.
(1) Article 293-3(1) of the Act provides that “When any objection is raised to any reported rehabilitation claim, any claim shall be confirmed as stated in the report (Article 166 subparag. 1 of the Act); and, when any confirmed rehabilitation claim is entered in the table of rehabilitation creditors, any entry thereof becomes the same as a final and conclusive judgment (Article 168 of the Act).” Therefore, the lawsuit on any rehabilitation claim that has been pending is illegal as there is no benefit in the lawsuit (see Supreme Court Decision 2013Da17971, Jun. 26, 2014). Meanwhile, when it is decided to authorize the rehabilitation plan, the rehabilitation creditor, etc. has the effect of exemption from all rehabilitation claims and rehabilitation security rights except for the rights that are altered according to the rehabilitation plan and are recognized by the rehabilitation plan or by the provisions of the Act (Articles 251 and 252 of the Act), even if the rehabilitation procedure is decided after