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(영문) 의정부지방법원 2016.04.12 2015가단36839
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (mutual name: C) supplied goods to B (D) over several occasions from around 2013 to February 17, 2015.

B. On December 16, 2013, with regard to B, the rehabilitation procedure was commenced by the Jung-Government District Court 2013dan42, and B was considered as a custodian. On September 24, 2014, the above court rendered a final decision of approval of the rehabilitation plan (hereinafter “instant rehabilitation procedure”) by the above court, which did not specifically distinguish the status of the rehabilitation debtor B and the custodian B, and instead did not specifically distinguish the status of the rehabilitation debtor B and the custodian B.

C. Although the Defendant fully repaid to the Plaintiff the claim for the purchase price of goods that occurred after the commencement of the instant rehabilitation procedure, the Defendant failed to repay the claim for the purchase price of goods incurred prior to the commencement

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 and 2

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff claimed 30,230,000 won for the unpaid goods and damages for delay against the defendant, and the defendant also asserted that the above claim that the plaintiff seeks by the lawsuit of this case constitutes rehabilitation claims. The plaintiff did not report the above claim within the reporting period of rehabilitation claims, and that the rehabilitation plan approval plan was made without being stated in the list of rehabilitation creditors and the above claim was forfeited.

B. According to the Debtor Rehabilitation and Bankruptcy Act regarding the legitimacy of the lawsuit of this case, a property claim that occurred prior to the commencement of rehabilitation procedures for a debtor constitutes a rehabilitation claim (Article 118); and a custodian shall prepare and submit to the court a list of rehabilitation creditors, etc. prior to the reporting of rehabilitation creditors, etc. (Article 147); a rehabilitation claim, etc. entered in the list is deemed reported pursuant to the provisions of this Act (Article 151); and a rehabilitation creditor, etc. who intends to participate in rehabilitation procedures shall report the rehabilitation claim to the court within the reporting period set by the court (Article 1

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