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(영문) 수원지방법원 2017.12.19 2016나63354
입회금 반환채권액 확인 청구
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The plaintiff's request for continuation of the lawsuit shall be dismissed.

4...

Reasons

1. On August 24, 2015, the Plaintiff deemed that the instant lawsuit was brought at the time of filing an application for mediation seeking confirmation of the existence of KRW 90,000,000 against the Gyeonggi Tourism Development Co., Ltd. (hereinafter “Game Tourism”), and the conciliation was not completed, and thereafter, the Plaintiff sought confirmation of the existence of the claim for the return of 45,00,000 won as of June 13, 2016. However, on December 23, 2016, the Seoul Central District Court rendered a decision to commence the rehabilitation procedure for the Gyeonggi Tourism as of December 23, 2016, the Plaintiff reported the instant rehabilitation claim to the said bankruptcy court as a rehabilitation claim during the period for reporting the rehabilitation claim, and the administrator C of the Gyeonggi Tourism Tourism filed the instant application for rehabilitation claim with the competent court from January 21, 2017 to June 21, 2017; or the Plaintiff did not file the instant application for the continuation of the rehabilitation claim with the competent court on the same date.

2. According to the Plaintiff’s request for continuation of a lawsuit and the Act on Debtor’s Recovery and Bankruptcy (hereinafter “the Act”), when a lawsuit on a rehabilitation claim continues while the rehabilitation procedure is in progress (Article 59(1) of the Act), the litigation procedure shall be suspended, and any rehabilitation creditor who intends to participate in the rehabilitation procedure shall report the rehabilitation claim to the court within the reporting period (Article 148 of the Act). If there is no objection by any custodian, etc. on the date of inspection or special inspection (Article 166 subparag. 1 of the Act), the reported rehabilitation claim and the amount of the voting right shall be determined (Article 166 subparag. 1 of the Act). Meanwhile, if there is legitimate objection by any custodian, etc. regarding the reported rehabilitation

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