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(영문) 인천지방법원 2018.05.25 2017가합61217
양수금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion B took over KRW 5,00,000,000 (hereinafter “instant claim”) which was authorized in the rehabilitation procedure against the Defendant from the Council of Bolue Household Cooperation Co., Ltd. (the name of the Company AWnp, Inc., Ltd., and Trienk Holdings, Inc., Ltd. was changed in succession), and the Plaintiff re-transfered the instant claim from the aforementioned B.

Therefore, the defendant should pay to the plaintiff KRW 4,500,000,000, which is a part of the claim of this case, and damages for delay.

2. Judgment on the main defense of this case

A. The Defendant’s instant claim asserted that the Plaintiff acquired by transfer the main defense part of the instant claim is a claim recorded in the table of rehabilitation creditors under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and the entry in the table of rehabilitation creditors has the same effect as the final and conclusive judgment, and thus, there is no benefit of lawsuit by the Plaintiff.

B. The judgment 1) According to the Debtor Rehabilitation Act, when it is decided to authorize a rehabilitation plan, the rights of rehabilitation creditors, etc. are modified according to the rehabilitation plan (Article 252(1)); the debtor is exempted from liability for all rehabilitation claims and rehabilitation security rights (Article 251); the entry of the table of rehabilitation creditors or the table of rehabilitation secured creditors relating to the rights recognized pursuant to the rehabilitation plan based on the rehabilitation claim or rehabilitation security right has the same effect as the final and conclusive judgment at the time the decision to authorize a rehabilitation plan becomes final and conclusive (Article 255(1)); and the compulsory execution may be conducted according to the table of rehabilitation creditors or the table of rehabilitation secured creditors after the rehabilitation procedure is completed (Article 255(2)); the Defendant filed an application for rehabilitation with the Seoul Rehabilitation Court 2013 combined 106, and the claim of this case, which the Plaintiff claims part of the rehabilitation plan as the lawsuit in this case, was entered in the table of rehabilitation creditors.

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