logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.17 2017가단52154
용역대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s claim is a company aimed at the development and supply of multimedia services and sought against the Defendant for payment of KRW 57,045,45 in total, and delay damages.

2. Determination

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim that accrues prior to the commencement of rehabilitation procedures for the debtor falls under a rehabilitation claim (Article 118); any rehabilitation creditor intending to participate in the rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148); and any custodian shall prepare and submit a list of rehabilitation creditors separately from the report of the rehabilitation creditor to the court (Article 147); and any claims of the rehabilitation creditors recorded in the list are deemed reported (Article 151). When the rehabilitation plan is decided to authorize the rehabilitation plan, the debtor is exempted from liability for all rehabilitation claims except for the rights recognized under the rehabilitation plan or the Debtor Rehabilitation Act (Article 251). Even if the rehabilitation plan is decided to authorize the rehabilitation plan, the rights of the rehabilitation creditors, etc. are altered according to the rehabilitation plan and all rehabilitation claims and rehabilitation security rights are effective (Articles 251 and 252 of the same Act). Any person who enters claims for the rehabilitation plan that are identical with those of the rehabilitation plan after the rehabilitation plan becomes final and conclusive.

arrow