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(영문) 서울중앙지방법원 2017.11.28 2017가단66672
물품대금 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Determination

A. Under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), the term “bankruptcy claim” means a claim on property arising from the cause of an occurrence of a claim, such as declaration of intention, etc. before the commencement of rehabilitation procedures, based on which the cause of an occurrence of a claim, is based on the cause prior to the commencement of rehabilitation procedures (Article 118). Therefore, the content of a claim, based on which the cause of an occurrence

(2) According to the Debtor Rehabilitation Act, a rehabilitation creditor, etc., who intends to participate in rehabilitation procedures regardless of whether it is entered in the list, shall report his/her rehabilitation claims to the court within the reporting period prescribed by the Act (Article 151), and if a rehabilitation creditor, etc., who intends to participate in rehabilitation procedures fails to report within the reporting period due to any cause not attributable to the court, he/she may supplement the report within one month after the cause not attributable to the court (Article 152), and the debtor is exempted from liability for all rehabilitation claims and rehabilitation security rights other than the rights recognized by the rehabilitation plan or this Act (Article 251). Accordingly, if it is decided to grant authorization for the rehabilitation plan, the rehabilitation company shall be exempted from liability for all rehabilitation claims and rehabilitation security rights except for the rights established in the rehabilitation plan or all rehabilitation rights recognized by the Debtor Rehabilitation Act.

And Article 251 of the Debtor Rehabilitation Act.

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