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1. The Plaintiff’s rehabilitation claim against the Plaintiff Company B is KRW 7,352,570 and its rehabilitation claim from December 1, 2017.
Reasons
1. Basic facts
A. The Plaintiff filed an application for a payment order with this court on August 3, 2018 on the ground that the Plaintiff had a claim for 7,352,570 won and damages for delay from December 1, 2017 for the same reasons as indicated in the reasons for the attached Form B against the rehabilitation debtor corporation B, and the payment order case was implemented as the instant litigation procedure by submitting a written objection to the effect that the rehabilitation debtor corporation B is dissatisfied with.
B. After being implemented as a litigation procedure, the rehabilitation debtor B did not submit a written answer disputing the cause of the Plaintiff’s claim, and did not appear at the court on the date of pleading.
C. On January 25, 2019, C, which was the former representative director, rendered a decision of commencing the rehabilitation procedure for the debtor debtor B as Seoul Rehabilitation Court 2019 Gohap1006, was considered as the custodian in accordance with Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act.
And upon the plaintiff's application, C's administrator B, a debtor, took over the defendant's status.
E. In the rehabilitation procedure against the rehabilitation debtor B, a rehabilitation court 2019 Gohap10006, the Plaintiff reported the claim asserted by the Plaintiff as the rehabilitation claim upon the instant payment order application. The custodian C denied the claim on the ground that the instant lawsuit is pending.
F. The Plaintiff changed the instant lawsuit to a lawsuit for confirmation of rehabilitation claims, and revised the purport of the claim to seek confirmation that the Plaintiff had a rehabilitation claim, such as the purport of the claim, against the rehabilitation obligor B.
G. Despite the amendment of the purport of the claim, the Defendant did not submit a document disputing the Plaintiff’s assertion in a subsequent lawsuit that was conducted thereafter, and did not appear at the court on the date of pleading.
【Ground for recognition】 The fact-finding is remarkable to this court.