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(영문) 춘천지방법원강릉지원 2016.11.02 2016가단53479
장비사용대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Any rehabilitation creditor who intends to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") shall report rehabilitation claims (Article 148 (1) of the Act); when an objection is raised against any reported rehabilitation claims, all objectors may file an application with the court for the final claim inspection judgment (Article 170 (1) of the Act) with all objectors as other parties (Article 170 (1) of the Act); and anyone who is dissatisfied with such judgment may file an objection against the final claim inspection judgment

(Article 171 (1) of the Act: Provided, That where any lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and when any objection is raised to the reported rehabilitation claims, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

(1) Article 172(1) of the Act provides that “Where a rehabilitation creditor files a lawsuit seeking the performance of a rehabilitation claim against an objector of the rehabilitation claim after the rehabilitation procedures commence, or where a rehabilitation creditor, who is not pending in a lawsuit on the rehabilitation claim at the time the rehabilitation procedures commence, files a lawsuit seeking the confirmation of the rehabilitation claim in lieu of going through the procedures provided for in Articles 170

(Supreme Court Decision 201Da10310 Decided May 26, 201). The Defendant offshore plant corporation received a decision on commencing rehabilitation procedures on February 25, 2016, and thereafter continued litigation on August 16, 2016, by serving a copy of the complaint on the Defendant.

Defendant EEex Heavy Industries Co., Ltd. received a decision on commencement of rehabilitation procedures on August 1, 2016, and thereafter, on August 8, 2016, a copy of the complaint was served on the above Defendant and continued the lawsuit.

The Plaintiff filed the instant lawsuit on July 13, 2016, which was prior to the decision on commencing the rehabilitation procedure, but served after the decision on commencing the rehabilitation procedure, and thus deeming the instant lawsuit unlawful constitutes an infringement on the Plaintiff’s legitimate right to receive a lawsuit. However, the Plaintiff’s assertion that the instant lawsuit is unlawful.

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