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(영문) 서울동부지방법원 2019.06.18 2017가단20143
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to the evidence evidence evidence Nos. 1 through 4, the Plaintiff, mainly engaged in textile manufacturing and wholesale retail business, supplied goods to B Co., Ltd. (hereinafter “B”) from June 3, 2017 to June 21, 2017, and accordingly, the fact that the liability for the payment was 165,288,750.

2. The plaintiff's assertion that the defendant should pay the plaintiff the above price of goods.

3. Determination on the legitimacy of a lawsuit

(a) Any rehabilitation creditor intending to participate in rehabilitation procedures pursuant to the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claims and when any objection is raised against the reported rehabilitation claims, all objectors thereto may file an application for the final claim inspection judgment with the court as other parties, and anyone who is dissatisfied with such judgment may file an objection lawsuit against the final claim inspection judgment;

Where any lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, rehabilitation creditors shall report the rehabilitation claims and when any objection is raised against the reported rehabilitation claims, all of the objectors shall take over the litigation procedures as other parties to the lawsuit.

Meanwhile, if there is no objection against the reported rehabilitation claim, it is confirmed as the content of the reported claim, and when the confirmed rehabilitation claim is entered in the table of rehabilitation creditors, the entry of the recorded rehabilitation claim in the table of rehabilitation creditors has the same effect as the final and conclusive judgment, so the lawsuit on the pending rehabilitation

B. If the purport of the entire pleadings in each of the statements in Eul evidence Nos. 1 through 5 is added, the plaintiff applied for a payment order against Eul on August 2, 2017. Meanwhile, on November 17, 2017, Eul applied for rehabilitation as Seoul Rehabilitation Court 2017 Gohap10193, and on December 11, 2017, the decision to commence rehabilitation proceedings was issued on December 11, 2017; and on January 9, 2018, the plaintiff filed for rehabilitation claims the remainder of KRW 15,288,750, out of the balance of KRW 165,28,750, out of the price of goods against Eul with the above rehabilitation court.

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