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(영문) 서울동부지방법원 2015.01.13 2014가단11667
매매대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Review of the records of this case reveals the following facts. A.

On January 3, 2014, the Plaintiff filed a lawsuit against the Defendant seeking a total of KRW 38,823,010 (hereinafter “the instant purchase price”) on the grounds that the Plaintiff supplied pumps to the Defendant from January 3, 2013 to April 2013.

B. On August 25, 2014, the Seoul Central District Court 2014 Ma146 decided to commence rehabilitation proceedings against the defendant in the rehabilitation case, A became a custodian, and the inspection period of rehabilitation claims was determined from September 29, 2014 to October 13, 2014.

C. In the above rehabilitation procedure, the Plaintiff reported the total purchase price of KRW 38,822,410 as a rehabilitation claim (the list number No. 103), and the Defendant’s administrator did not raise any objection against it, and decided the total amount of the purchase price as a rehabilitation claim.

2. Determination:

A. We examine ex officio the legality of the lawsuit against the defendant.

B. Any property claim that occurred before the commencement of rehabilitation procedures for the debtor constitutes a rehabilitation claim (Article 118 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act; hereinafter “the Debtor Rehabilitation Act”), and any rehabilitation creditor, etc. who intends to participate in the rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148 of the Debtor Rehabilitation Act). Where a lawsuit on an objection is pending at the time rehabilitation procedures commence, when a rehabilitation creditor intends to seek the confirmation of such right, he/she shall take over all of the objectors as the other party to the lawsuit (Article 170(1) proviso and Article 172(1) of the Debtor Rehabilitation Act). Any request for taking over the lawsuit shall be filed within one month from the end of the inspection period or from the special inspection date (Articles 172(2) and 170(2) of the Debtor Rehabilitation Act), and where a request for taking over the lawsuit is filed after

C. The instant sales price claim is late.

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