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(영문) 의정부지방법원 2016.06.16 2015나57394
구상금
Text

1. The plaintiff's rehabilitation company Ulsan Construction Co., Ltd among the lawsuits of this case in which the exchange was changed in the trial.

Reasons

1. Presumed facts

A. The Plaintiff is an insurer who entered into a comprehensive automatic insurance contract with D, the owner of CtraXG vehicles (hereinafter “instant vehicle”). Defendant Ulsan Construction Co., Ltd. prior to the water system (hereinafter “Stra Construction”) is a construction company carrying out “E” construction, and Defendant Chra Construction is a company which was awarded a subcontract for part of the said construction works.

B. At around 22:00 on May 29, 2014, D operated the instant vehicle on the road in front of the “G” restaurant located in F in Yangju City, and the said vehicle was destroyed by the lower body of the said vehicle, etc., when the right-hand road was passed by Defendant Samho Development in order to perform the said construction, when it went through the right-hand road at the right-hand side of the left-hand part of the road.

(hereinafter “instant accident”). C.

There were no safety facilities, such as guiding lights to prevent vehicles from entering the site of the accident. D.

On the other hand, the Plaintiff paid 1,240,000 won for the repair cost of the instant vehicle to the repair business entity as insurance proceeds.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 and the purport of the whole pleadings

2. Whether the lawsuit against the joint manager of the Ulsan Construction Company is legitimate;

A. According to the relevant legal principles and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), a custodian shall prepare a list of rehabilitation creditors, etc. and submit it to the court prior to reporting by rehabilitation creditors, etc. (Article 147); and rehabilitation creditors, etc. who intend to participate in rehabilitation procedures shall report their rehabilitation claims to the court within the reporting period set by the court (Article 148); and when there exists a rehabilitation plan approval plan, the debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights except for the rights recognized by the rehabilitation plan or this Act (Article 251).

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