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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Any rehabilitation creditor who intends to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claims (Article 148 (1)), when any objection is raised against the reported rehabilitation claims, all of the objectors may file an application with the court for the final claim inspection judgment (Article 170 (1)), and anyone who is dissatisfied with the judgment may file a lawsuit of objection against the final claim inspection judgment with the court, with all of them as other parties.
(Article 171 (1) : Provided, That where a lawsuit on any rehabilitation claim is pending at the time the rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claim and when any objection is raised against the reported rehabilitation claim, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.
(1) Article 172(1) of the same Act provides that “If there is no objection against any reported rehabilitation claim, the claim is confirmed as stated in the report (Article 166 subparag. 1).” Since entry of any confirmed rehabilitation claim in the table of rehabilitation creditors becomes the same effect as the final and conclusive judgment is entered in the table of rehabilitation creditors (Article 168), the lawsuit on the rehabilitation claim that has been pending is illegal as there is no interest in the lawsuit (see Supreme Court Decision 2013Da17971, Jun. 26, 2014). In this case, in the instant case, the Defendant was ordered to commence rehabilitation as of July 28, 2015; the Plaintiff reported the amount of KRW 50,45,624 as the rehabilitation claim; and the Defendant reported the price of the goods that the Plaintiff seeks as the rehabilitation claim without objection to the claim inspection procedure, and the fact that the price of the goods is recorded in the table of rehabilitation creditors does not conflict between the parties.
Thus, the plaintiff's claim of this case is dismissed as it is illegal as there is no benefit of lawsuit.