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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion that the Plaintiff supplied steel products to Company B (hereinafter “Rehabilitation Company”) by March 19, 2018, and was not paid KRW 216,103,678 out of the price of the goods. As such, the Plaintiff sought against the Rehabilitation Company the payment of the said KRW 216,103,678 and damages for delay.
2. We examine, ex officio, whether the instant lawsuit is lawful or not.
According to the Debtor Rehabilitation and Bankruptcy Act, any act extinguishing rehabilitation claims, such as repayment, repayment, etc., without following the provisions of the rehabilitation plan, shall not be performed after the rehabilitation procedures commence (Article 131); when it is decided to grant authorization for the rehabilitation plan, the rights of rehabilitation creditors, rehabilitation secured creditors, shareholders and equity right holders shall be altered according to the rehabilitation plan (Article 252(1)); and the entry in the table of rehabilitation creditors or the table of rehabilitation secured creditors, of rights recognized according to the rehabilitation plan, based on any rehabilitation claim or rehabilitation security right, has the same effect as a final
(Article 255(1). In full view of the above provisions, rehabilitation creditors can receive rehabilitation claims according to the provisions of the rehabilitation plan while the rehabilitation procedure is in progress, and there is no benefit in the lawsuit to claim the implementation of the rehabilitation claim or the confirmation thereof while the rehabilitation plan is in progress.
(See Supreme Court Decision 91Da63 Decided April 9, 1991). We examine the following: (a) On May 1, 2018, Daegu District Court 2018 Daegu District Court 2018Kahap113 on the rehabilitation company; (b) on May 1, 2018, the Plaintiff reported the amount of KRW 216,103,678 as rehabilitation claim; (c) the Defendant initially admitted KRW 183,97,802 out of the first amount to KRW 32,105,876 and denied KRW 32,105,876; and (d) subsequently, the Defendant agreed to both KRW 216,103,678.