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(영문) 서울중앙지방법원 2019.08.14 2018가단5024540
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Article 603(1) and (3) of the Debtor Rehabilitation and Bankruptcy Act provides that in cases where a creditor recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim within the objection period or has been rejected, a claim is confirmed as stated in 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 of the individual rehabilitation creditors. Therefore, there is no benefit in a lawsuit to file

In full view of the purport of the entire pleadings as to this case’s health account and evidence evidence No. 5, it is recognized that the Defendant obtained a decision to commence individual rehabilitation procedures in the Seoul Rehabilitation Court 2017da94269 on March 16, 2018, entered claims against the Defendant seeking the lawsuit in this case in the list of individual rehabilitation creditors, and that a decision to authorize the repayment plan on July 26, 2018 was made.

Therefore, the plaintiff's lawsuit against the defendant is confirmed and confirmed, and the performance of individual rehabilitation claims indicated in the table of individual rehabilitation creditors is sought.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

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