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(영문) 대구지방법원 김천지원 2018.11.27 2018가단721
자동차금형 임가공비
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff filed the instant lawsuit seeking payment of the remainder amount of KRW 80,632,200 from January 10, 2017 to May 31, 2017, for the remainder of the goods price supplied to Youngjin Tech Co., Ltd. (hereinafter “Yjin Tech”).

B. On February 1, 2018, the Daegu District Court rendered a decision to commence rehabilitation procedures by 2017 Gohap159 with respect to Yeongdeungpo Jindo, and the Defendant was appointed as the administrator of Yeongdeungpo Jindo.

C. On September 3, 2018, the Defendant prepared and submitted to the Plaintiff a list of rehabilitation creditors where the value of the goods is KRW 59,346,972 to the Plaintiff, and submitted the list of rehabilitation creditors where the said claim is accepted.

[Ground of recognition] Facts without dispute, entry of evidence No. 2, purport of the whole pleadings

2. According to the Debtor Rehabilitation and Bankruptcy Act regarding the lawfulness of the instant lawsuit (hereinafter “ Debtor Rehabilitation Act”), a custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to reporting by rehabilitation creditors, etc. (Article 147); and any rehabilitation creditor, etc. recorded in the list shall be deemed to have reported under the Debtor Rehabilitation Act (Article 151). Any rehabilitation creditor, etc. who intends to participate in rehabilitation procedures, regardless of whether it is entered in the list, shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148); if any rehabilitation creditor, etc. fails to report within the reporting period due to any cause not attributable to the court, he/she may supplement such report within one month after the date such cause not attributable to the court (Article 152); if the rehabilitation plan is approved, the debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights except any right recognized under the Debtor Rehabilitation Act or the Debtor Rehabilitation Act (Article 251); and if any right recognized based on rehabilitation claims

(Article 255). Accordingly, if it is decided to grant authorization for the rehabilitation plan, the rehabilitation plan shall be followed.

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