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(영문) 제주지방법원 2018.04.20 2016가단18301
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

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

A rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act shall report a rehabilitation claim (Article 148(1)); when there is no objection against a reported rehabilitation claim, the claim is confirmed as stated in the report (Article 166 Subparag. 1); and when the rehabilitation claim is entered in the table of rehabilitation creditors, the entry of the confirmed rehabilitation claim into the table of rehabilitation creditors becomes the same effect as the final and conclusive judgment (Article 168). Therefore, the lawsuit on the rehabilitation claim that has been pending is illegal as there is no benefit of the lawsuit (see Supreme Court Decision 2013Da17971, Jun. 26, 2014).

According to the above facts, the plaintiff's claim of this case was confirmed as reported in the rehabilitation procedure and entered in the list of rehabilitation creditors, and thus, it became illegal as there was no interest in the lawsuit.

Therefore, we decide to dismiss the lawsuit of this case and decide as per Disposition.

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