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(영문) 광주지방법원순천지원 2020.01.15 2019가단5363
손해배상
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On August 29, 2018, the Plaintiff filed a claim with the Defendant’s employee, and on August 29, 2018, at the Defendant’s workplace, in accordance with the direction of the representative director D, in order to move the waste ship to another container on a container, and caused the injury caused by the Plaintiff’s misunderstanding of the empty space covered by vinyl as a container, falling, and falling down, and then the boomed.

The Plaintiff brought a lawsuit of this case seeking compensation for damages of KRW 127,713,890 (negative damages of KRW 102,193, and KRW 25,520,000) due to the above accident.

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.

According to the Debtor Rehabilitation and Bankruptcy Act, any property claim that accrues prior to the commencement of rehabilitation procedures for the debtor constitutes a rehabilitation claim (Article 118), and any rehabilitation creditor, etc. who intends to participate in the rehabilitation procedures shall report the rehabilitation claim to the court within the reporting period set by the court (Article 148). When a decision to authorize the rehabilitation plan is made, any debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights except for the rights recognized under the rehabilitation plan or the rehabilitation plan (Article 251). In cases where rehabilitation procedures commence, it is possible for the debtor to repay the rehabilitation claim only according to the rehabilitation procedures. Therefore, filing a lawsuit seeking the performance of the rehabilitation claim without resorting to the rehabilitation procedures after the rehabilitation procedures commence as a separate

According to the evidence Eul evidence No. 1, the defendant can recognize the fact that the Seoul Rehabilitation Court 2019 Ma1017, Jun. 21, 2019, was ordered to commence rehabilitation proceedings on June 21, 2019.

The above damage claim asserted by the plaintiff is a property claim arising from the cause prior to the commencement of rehabilitation procedures, which constitutes a rehabilitation claim, and the lawsuit of this case seeking its implementation.

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