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(영문) 서울북부지방법원 2018.10.23 2017가단19569
물품대금 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff filed a claim with the defendant on August 23, 2016 and the same year.

9. The Defendant supplied KRW 30,510,298 in total of the clothing 28.28. As to the case No. 2016-type No. 36448 of the Seoul Northern District Prosecutors’ Office 2016-type No. 3648 against B and C, the Defendant is obligated to pay the Plaintiff KRW 41,510,298 and its delay damages.

2. Determination

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim that accrues prior to the commencement of rehabilitation procedures for the debtor falls under a rehabilitation claim (Article 118); any rehabilitation creditor who intends to participate in rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148); and any custodian shall prepare and submit a list of rehabilitation creditors to the court separate from the report of the rehabilitation creditor (Article 147); and any rehabilitation creditor’s claim that is recorded in the list shall be deemed reported to the court (Article 151). When the rehabilitation plan is decided to authorize the rehabilitation plan, the debtor is exempted from liability for all rehabilitation claims except for the rights recognized pursuant to the rehabilitation plan or the Debtor Rehabilitation Act (Article 251). Any person who enters into the rehabilitation plan with the same effect as that of all rehabilitation claims and rehabilitation security rights (Articles 251 and 252 of the same Act) and any entry in the rehabilitation plan with the content that is identical to that of the final and conclusive judgment at the time the rehabilitation plan becomes final and conclusive.

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