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(영문) 서울중앙지방법원 2015.11.25 2015가단88449
공사대금 대위변제금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The defendant's objection to the decision of the final claim inspection judgment shall be filed within one month in order to raise an objection against the decision of the final claim inspection judgment. The lawsuit of this case shall be dismissed since it does not dispute the illegality of the final claim inspection judgment, but seeks payment of part of the construction cost to the defendant.

Therefore, any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) shall report rehabilitation claims (Article 148(1) of the Act); when an objection is raised to the reported rehabilitation claims, all of the objectors as other parties may file a lawsuit of objection against the judgment in the final claim inspection judgment with the court after filing an application for the final claim inspection judgment with the court.

(1) Article 171(1) of the Act provides that “A lawsuit filed by a rehabilitation creditor who has filed a lawsuit claiming the fulfillment of a rehabilitation claim against an objector of the rehabilitation claim after the rehabilitation procedures commenced shall be deemed unlawful, in lieu of going through the procedures provided for in Articles 170 and 171 of the Act by a person who raises an objection thereto, to a separate lawsuit that is not an objection to the determination

(see Supreme Court Decision 201Da10310, May 26, 2011). However, according to the facts acknowledged below, the Plaintiff ought to dispute the existence or scope of the claim through a lawsuit for objection to the final claim inspection judgment and the final claim inspection judgment under each of the above provisions of the Act, and the filing of the instant lawsuit in order to seek the implementation of the rehabilitation claim instead of going through such procedures is deemed unlawful.

2. Family judgment on the merits;

A. On or after April 16, 2015, the period for filing a lawsuit for objection to the final claim inspection judgment, which is one month which is the period for filing a lawsuit for objection to the final claim inspection judgment.

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