logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.20 2014나13614
양수금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff's assertion that the plaintiff claimed 50,000,000 won and damages for delay that have been transferred to the defendant in sequential order from C and E, and the defendant asserts that the plaintiff's above claim for the transfer amount should be repaid according to the rehabilitation plan approved in the rehabilitation procedure against the defendant.

B. Determination 1) The property claimant, arising from the cause before the rehabilitation procedures commence, constitutes a rehabilitation claim [Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “the Debtor Rehabilitation Act”); when a decision is made to authorize the rehabilitation plan, the rights of rehabilitation creditors are modified according to the rehabilitation plan (Article 252(1) of the Debtor Rehabilitation Act); when the decision to authorize the rehabilitation plan becomes final and conclusive, the entry in the rehabilitation plan on the rights acknowledged pursuant to the rehabilitation plan has the same effect as a final and conclusive judgment on the debtor and rehabilitation creditors (Article 255(1) of the Debtor Rehabilitation Act); and when the rehabilitation creditor is decided to discontinue the rehabilitation procedure, the rehabilitation creditor is entitled to compulsory execution on the basis of the rehabilitation plan (Articles 292(2), 292, and 255(2) of the Debtor Rehabilitation Act) and the rehabilitation creditor’s claim for the implementation of the rehabilitation claim confirmed pursuant to the rehabilitation plan is unlawful as there is no dispute between the parties, or is significant before this court, the Plaintiff filed a lawsuit against the Defendant’s Central and the Defendant 25010.

(hereinafter “instant rehabilitation procedure”). C. The Plaintiff is in the instant rehabilitation procedure on May 20, 2015.

arrow