물품대금
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by each person;
1. The plaintiff asserts that the plaintiff did not receive the amount of goods equivalent to KRW 23,109,770 from C Co., Ltd. (hereinafter "Rehabilitation Company"), and that the rehabilitation claim against the defendant is sought to confirm that the amount stated in the claim is the amount stated in the purport of the claim.
2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.
When there is no objection against any reported rehabilitation claim, the entry of any confirmed rehabilitation claim in the table of rehabilitation creditors into the table of rehabilitation creditors has the same effect as the final and conclusive judgment (Article 168 of the Debtor Rehabilitation and Bankruptcy Act). Therefore, a lawsuit on any rehabilitation claim that is in progress is illegal as there is no benefit of lawsuit (see Supreme Court Decision 2013Da17971, Jun. 26, 2014). In full view of the overall purport of the arguments in the statement in evidence No. 10 and evidence No. 10 and No. 11, the Jeju District Court rendered a decision to commence rehabilitation proceedings as of November 20, 2018. The fact that the rehabilitation company was decided to commence rehabilitation proceedings as of 26,314,399 won as the price of the goods that the plaintiff seeks as the lawsuit in this case during the rehabilitation proceedings, and the fact that the above defendant was included in the list of claims of the plaintiff in the list of rehabilitation creditors is recognized as having been included in the list of claims.
Thus, the plaintiff's lawsuit of this case is unlawful because it seeks confirmation of rehabilitation claims separate from those stipulated in the above authorized rehabilitation plan, and there is no benefit of lawsuit.
3. Conclusion, the instant lawsuit is unlawful and dismissed.