(영문) 대구지방법원 2017.02.27 2015가단15181

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(영문) 대구지방법원 2017.02.27 2015가단15181

물품대금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation that is engaged in the business of manufacturing automobile parts with the trade name B and is engaged in the business of manufacturing automobile parts and the business of manufacturing automobile parts and the business of distributing automobile parts.

B. The Plaintiff’s early January 2014 from the first patrol officer to the same year.

3. Until the Hasheman supplied Matowa Co., Ltd. with nitroves equivalent to 43,631,731 won in total as a motor vehicle engine accessories.

C. The rehabilitation procedure was commenced on August 28, 2015 in the Ulsan District Court Decision 2015 Mahap518, the Plaintiff reported the amount of KRW 43,631,731 of the goods to be claimed by the instant lawsuit as a rehabilitation claim upon the commencement of the rehabilitation procedure. The rehabilitation claim becomes final and conclusive and is recorded in the list of rehabilitation creditors, and the rehabilitation plan for the said rehabilitation debtor was authorized on May 16, 2016.

In accordance with the decision of the rehabilitation plan of the Ulsan District Court on June 20, 2016, Motowa Co., Ltd. was merged with the Central Committee according to the above rehabilitation plan on the date of decision of the rehabilitation plan as above, and the trade name ofMotowa Co., Ltd., Ltd., which was merged with the Central Committee, was changed to Sung Mantoz.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 5-1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the instant lawsuit

A. Where a lawsuit on a rehabilitation claim is pending at the time rehabilitation procedures commence, a rehabilitation creditor shall report the rehabilitation claim, if no objection is raised to the reported rehabilitation claim, it shall be confirmed as stated in the report, and when the confirmed rehabilitation claim is recorded in the table of rehabilitation creditors, the entry of such confirmed rehabilitation claim in the table of rehabilitation creditors becomes the same effect as the final and conclusive judgment. Therefore

(see, e.g., Supreme Court Decision 2013Da17971, Jun. 26, 2014). (B)

The plaintiff seeks the lawsuit of this case in the rehabilitation procedure for Nantowa Co., Ltd.

참조판례

-대법원 2014. 6. 26. 선고 2013다17971 판결

유사 판례

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