Whether a lawsuit seeking the performance of a claim for damages reported as a reorganization claim against a reorganization company administrator is included in the lawsuit for confirmation of a reorganization claim as provided in Article 147 of the Company Reorganization Act (affirmative)

Since creditors reported damage claim against the reorganization company as a reorganization claim and the administrator of the above reorganization company raises an objection thereto, the creditor, etc. also includes the purport of seeking confirmation as a right holder of the reorganization claim in case the creditor files a lawsuit against the above administrator.

Article 147 of the Company Reorganization Act

Supreme Court Decision 74Da1531, 1532 delivered on February 25, 1975 (Article 8(4)35 of the Deposit Act, Article 8(4)10Gong8347 Delivered on February 25, 1975

Appointed Party Class Alives

The manager of the public interest industry corporation;

Seoul Central District Court (86 Gohap1622) in the first instance trial

The judgment below is modified as follows.

1. Of the reported amount of reorganization claim claim No. 2, the reorganization company, the reorganization company, and the reorganization claim amounting to KRW 200,000,000 shall be finalized in each of the following cases: (a) the selected person Kim Jong-chul, the amount of the reported claim No. 13,965,354 won, the plaintiff heading, the selected person Kim Young-ro, Kim Young-ro, the Kim Jong-ro,

2. The remaining claims of the plaintiff and the designated parties are dismissed, respectively.

3. The costs of the lawsuit shall be divided into two parts of the first and second instances, and one of them shall be borne by the defendant, and the remainder by the plaintiff and the designated parties, respectively.

The representative Kim Jong-sung Co., Ltd. confirms that there are reorganization claims based on the ratio of 5 percent per annum from May 21, 1986 to the full payment rate of KRW 13,965,354, the plaintiff heading, the selectioner Kim Young-ro, Kim Young-ro, and the Kim Jong-dong, respectively, and the rate of KRW 200,000 per annum from May 21, 1986.

The judgment that the lawsuit costs shall be borne by the defendant.

(In the first instance, the purport of the claim was reduced or corrected).

The part of the judgment against the defendant shall be revoked.

All claims of the plaintiff and the designated parties are dismissed.

All the costs of lawsuit shall be borne by the plaintiff and the designated parties in the first and second trials.

1. Judgment on the main defense of this case

The defendant reported the above amount as reorganization claim of KRW 47,123,974 against the non-party interest company, which was non-party 1 and appointed parties (hereinafter referred to as "the plaintiff et al.") on February 9, 1985. The defendant, who is the administrator of the above reorganization company, raised an objection against the plaintiff et al. on March 24, 1986. The plaintiff et al. filed a lawsuit claiming damages against the defendant et al. on April 1, 1986, which is not an action for confirmation of reorganization claim under Article 147 of the Company Reorganization Act, against the plaintiff et al., and the plaintiff et al., filed a lawsuit claiming damages against the defendant et al. for confirmation within 16 months after the above investigation date, on the premise that the plaintiff et al.'s claim for damages against the non-party 2 becomes final and conclusive under the premise that the plaintiff et al.'s claim for damages against the plaintiff et al. was unlawful.

2. Judgment on the merits

The reasons why the trial should be stated on the occurrence and scope of the claim for damages against the non-party company of the plaintiff et al., which is to be confirmed as reorganization claim of this case, are the same as the part of the judgment of the court below, except for the part of the judgment on delay damages.

After the date of the accident on the amount cited in the original judgment, the plaintiff et al. claims for damages at the rate of 5% per annum from May 21, 1986 to the date of full payment as well as claims for damages in this case. However, according to the statement of No. 5 (Objection) and the purport of oral argument that there is no dispute over the establishment, the plaintiff et al. reported the above damages claim to the plaintiff et al. as reorganization claim only with the total amount of KRW 47,123,974 claimed by the plaintiff et al. in the complaint as property damage and consolation money, and the damages for delay on the above amount shall be acknowledged as being excluded from the report report, and since there is no counter-proof, the plaintiff et al.

3. Thus, since the Selection Kim Jong-chul, a representative Kim Jong-chul, the plaintiff heading, the son Kim Young-dong, the representative Kim Jong-dong, and Kim Jong-dong, respectively, hold a reorganization claim of KRW 13,965,354, and the claim of the plaintiff et al. seeking the confirmation is legitimate within the scope of the above recognition, and it is reasonable within the scope of the above recognition, and the remaining claims are without merit, it shall be dismissed. Since the judgment of the court below is unfair in some conclusion, it is modified as stated in the disposition of the court below, and it is so decided as per Disposition by the application of Articles 96, 92, and 93 of the Civil Procedure Act with respect to the bearing of litigation costs.

Judges Kim Jong-mon (Presiding Judge) Mobilization