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(영문) 인천지방법원 2017.01.24 2016가단39308
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's assertion entered into a goods supply contract with B and supplied goods to the above company, which still led to the amount of 29,075,000 won which was not supplied by the above company.

In addition, the defendant is a joint and several surety for the defendant's goods payment obligation against the plaintiff of the above company.

Therefore, the defendant, who is a joint and several surety, has the obligation to pay to the plaintiff 29,075,000 won for the goods unpaid and delay damages therefor.

2. Determination

A. We examine ex officio the lawfulness of the instant lawsuit.

In full view of the provisions of Articles 603(1), (3), (4), and 621(2) of the Debtor Rehabilitation and Bankruptcy Act, in cases where any creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period after the commencement of the individual rehabilitation procedure, any claim is confirmed according to the list of individual rehabilitation creditors, and where any confirmed individual rehabilitation claim is entered in the list of individual rehabilitation creditors, such entry shall have the same effect as a final judgment on all individual rehabilitation creditors, and where the individual rehabilitation procedure is discontinued and confirmed due to any cause, such as where repayment according to the repayment plan is impossible, such individual rehabilitation creditor may perform compulsory execution according to the list of individual rehabilitation creditors

Therefore, if the period for objection against the claim stated in the table of individual rehabilitation creditors is exceeded, regardless of whether the individual rehabilitation procedure is discontinued, the creditor shall be deemed to have the same effect as the final and conclusive judgment in favor of the debtor regarding the amount of the claim. In such a case, the creditor has no interest in the lawsuit against the debtor for separate performance suit against

B. Regarding the instant case, there is no dispute between the parties, entry of Gap evidence No. 5, and the purport of the entire pleadings in this court.

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